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(영문) 대전지방법원 2016.11.25 2016고정1042
도로교통법위반(음주운전)등
Text

1. The defendant shall be punished by a fine of six million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On January 30, 2009, the Defendant was sentenced to a suspended sentence of two years for a year due to a violation of the Road Traffic Act, a violation of the Road Traffic Act, a violation of the Punishment of Tax Evaders Act, a violation of the Punishment of Tax Evaders Act, etc. on September 11, 2007, and a summary order of one million won for a violation of the Road Traffic Act was issued by the Daejeon District Court on November 30, 2007, and one million won for a violation of the Road Traffic Act (unlicensed Driving) at the Daejeon District Court on November 30, 2007.

At around 21:54 on May 24, 2016, the Defendant, without obtaining a driver’s license, driven B cargo vehicles in the section of approximately 2 Km from the front of the restaurant of the Yaeama-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seopo-gu, Seopo-gu, Seopo-gu to the uppermost of the Yaeong-dong, Seopo-gu, Seopo-gu, Seopo-gu.

Accordingly, the defendant was a person who violated Article 44 (1) of the Road Traffic Act prohibiting a drunk driving at least twice, and was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Records of control, records of the control of drinking driving, results of the control of drinking driving, and the register of driver's licenses;

1. Previous records of judgment: A inquiry report on criminal records, etc., investigation report (Attachment of a summary order), and application of Acts and subordinate statutes attached to judgments on the same kind of case;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s blood alcohol concentration high; (b) the driving distance is not short; and (c) the Defendant has the same kind and different criminal records, including two times the suspended execution, which are disadvantageous to the Defendant.

However, it is against the defendant.

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