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(영문) 춘천지방법원 원주지원 2015.07.21 2015고단517
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000. If the Defendant fails to pay the said fine, 100.

Reasons

Punishment of the crime

On March 18, 2015, the Defendant was sentenced to imprisonment with prison labor for six months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (Doing Vehicles) in the Chuncheon District Court's original branch, and the said judgment became final and conclusive on March 26, 2015.

피고인은 2015. 4. 6. 00:15경 원주시 태장동에 있는 ‘딱다구리’ 주점 앞 도로에서부터 같은 시 단계동 봉화산주공아파트 주차장에 이르기까지 약 5km 구간에서 혈중알콜농도 0.268%의 술에 취한 상태로 자동차운전면허 없이 C 포르테쿱 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, report on the results of the control of driving under the influence of alcohol, inquiry into the results of the control of driving under the influence of alcohol, report on the status of driving under the influence of alcohol, and

1. Response to the request for appraisal;

1. Report on the circumstances of driving without a license;

1. Registers of driver's licenses;

1. Previouss before judgment: Criminal records, references to criminal records, amounts of previous dispositions, results of confirmation, and application of Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (2) 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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant has been punished twice as an act of escape without taking one time as a drunk driver or after a traffic accident.

In addition, the crime of this case was committed at the time when two years of probation were sentenced to imprisonment for six months due to the violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

However, the defendant reflects the wrong, and has yet to reach his age.

In consideration of these circumstances, the punishment as ordered shall be determined.

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