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(영문) 대전지방법원 천안지원 2015.11.06 2015고단1456
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal power] On October 1, 2010, the Defendant was issued a summary order of KRW 2.5 million for the violation of the Road Traffic Act and the violation of the Road Traffic Act (free license) at the Seocheon District Court of Daejeon on October 1, 2010. On February 13, 2012, the same court was issued a summary order of KRW 2.5 million for the violation of the Road Traffic Act (free license) and the violation of the Road Traffic Act (free license). On February 6, 2015, the court was sentenced to a suspended sentence of KRW 2.5 million for six months.

【Criminal Facts】

On August 3, 2015, at around 18:45, the Defendant driven a non-registration 150cc. c. c. without obtaining a driving license from the front road of the Dong-gu, Chungcheongnam-gu, Chungcheongnam-gu to the 43rd road of the same 43rd-ro, Yannam-do, and without obtaining a driving license, at approximately 0.242% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements prepared by D;

1. Statement of the statement of the situation of a drinking driver, and statement of the result of the regulation of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (report on recidivism during the same criminal records and suspended execution period of a suspect);

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 for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a 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 of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order, and the criminal defendant who is under suspension of the execution due to the crime of drinking and driving without a license, so it is necessary to sentence a severe punishment.

However, the defendant acknowledges the crime and the distance of driving is short.

The defendant is the age of 78 years and above four years prior to his age.

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