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(영문) 광주지방법원 순천지원 2015.12.16 2015고단1153 (1)
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On September 9, 2009, the Defendant was notified of a summary order of a fine of two million won due to a violation of the Road Traffic Act in the Gwangju District Court's net support on September 9, 2009, and was notified of a summary order of a fine of four million won due to a violation of the Road Traffic Act (driving) on November 22, 2010, and on August 12, 2014, the same court was sentenced to two years of suspension of execution to eight months of imprisonment due to a violation of the Road Traffic Act (driving) and a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (driving Vehicles) and confirmed on August 20, 2014.

On June 2, 2015, at around 20:53, the Defendant driven C Poter cargo under the influence of alcohol content 0.135% while under the influence of alcohol, without obtaining a driver’s license, from around 1 kilometer to the road in front of the instant police box located in the center of the same city from the date of the instant road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the circumstances of a drinking driving, report on internal investigation, and inquiry into the results of the crackdown on drinking;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (reports on criminal records, previous judgments and summary orders before and after suspension of execution of punishment), one copy of judgment, and application of summary order four 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 an alternative fine for punishment;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has high blood alcohol concentration, the previous conviction of the violation of the Road Traffic Act is five times the previous conviction of the same kind, the previous conviction of the violation of the Road Traffic Act is three times the previous conviction of the same crime of the violation of the Road Traffic Act, and the occurrence of a traffic accident during the driving without a license, and the violation of the Road Traffic Act.

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