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(영문) 대전지방법원 공주지원 2013.06.28 2013고단123
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 26, 2007, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act, etc. at a public order branch of the Daejeon District Court on December 7, 201, and sentenced to a fine of four million won for the same crime, etc. at the same court on December 7, 2011. On October 12, 2012, the Defendant was sentenced to a suspended sentence of two years for imprisonment with labor for the same crime, etc. at the same court on October 2, 2012, and the said judgment became final and conclusive on October 20, 2012.

On March 29, 2013, the Defendant, without obtaining a driver's license on March 29, 2013, driven a D-wing-off truck with a blood alcohol concentration of about 0.152% from the frontway of the Defendant C to the frontway of his livestock.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the circumstances of drivers, and the register of drivers' licenses;

1. Control note;

1. Previous records of judgment: Application of criminal records, correspondence records, and official records of Daejeon District Court Decision No. 2012No. 246 to Acts and subordinate statutes;

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 punishment: Selection of a fine;

1. Articles 70 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 of the provisional payment order has a record of being punished several times due to drinking or non-licensed driving. In 2011, a fine is imposed due to a traffic accident during drinking or non-licensed driving, and in 2012, a suspended sentence is sentenced again during the suspended execution period, but again, a non-licensed driving of drinking or non-licensed driving in this case during the suspended execution period. Considering the criminal records of the defendant, the necessity for a heavier punishment is recognized as it is difficult to view that the defendant was seriously against his own criminal act.

However, the distance of drinking driving is not long, while punishment is imposed.

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