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(영문) 대전지방법원 홍성지원 2018.01.18 2017고정332
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On March 16, 2009, the Defendant issued a summary order of KRW 1 million with a fine of KRW 700,000,000 due to a violation of the Road Traffic Act (driving) on September 10, 201, a fine of KRW 60,000 due to a violation of the Road Traffic Act (driving) on December 6, 2010, a fine of KRW 1 million due to a violation of the Road Traffic Act (driving) on December 6, 2010, and a fine of KRW 5 million on September 1, 2016, respectively.

Nevertheless, around 12:05 on June 27, 2017, the Defendant driven CCA 110 Oralba under the influence of alcohol content 0.076% under the influence of alcohol while under the influence of alcohol without obtaining a bicycle driver’s license from a section of approximately 13 km from the front of the village in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, to the front of the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. Investigation report (report on the situation of the driver in charge); and

1. In the application of Acts and subordinate statutes concerning investigation reports (criminal suspect A's previous convictions before driving alcohol), summary orders, etc.;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

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

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Social requests are strong that the punishment for driving on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act should be strengthened.

In addition to the fact that the defendant had a previous conviction in the same kind of crime, the defendant's number of alcohol measurement, age, sexual conduct, environment, method and attitude of the crime, and various circumstances shown in the arguments of this case, such as the situation before and after the crime, the same sentence as the order shall be determined.

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