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(영문) 전주지방법원 2013.11.20 2013고정919
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 3.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On June 19, 2008, the Defendant was sentenced to a fine of KRW 1.5 million by the Jeonju District Court for the crime of violation of the Road Traffic Act, and a fine of KRW 3 million by the same court on January 15, 2013, respectively.

On July 31, 2013, at around 21:55, the Defendant driven a BS5 car from the section of about 100 meters from the section of approximately 100 meters from the 1153-12nd through the 1153-12nd through the same Sinsan-dong, Jinjin-gu, Seoul, Seoul, without obtaining a driver's license, while under the influence of alcohol with a blood alcohol content of 0.065%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a driver and the register of driver's licenses;

1. Previous records: Application of criminal records and other inquiries and other 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 (a point of driving under the influence of sound), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (The circumstances shown in pleadings, such as the fact that the blood alcohol concentration is relatively low, the fact that the depth is reflectd, the health status of the accused, economic circumstances, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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