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(영문) 광주지방법원 순천지원 2014.10.28 2014고단1293
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 May 17, 201, the Defendant was issued a summary order of 2.5 million won for a violation of the Road Traffic Act (driving) in the Gwangju District Court’s net support on December 17, 201, and on December 10, 2012, the same court issued a summary order of 5 million won for a violation of the Road Traffic Act (driving) on at least two occasions, and on November 19, 2013, the Defendant was sentenced to a suspended sentence of 2 months for a violation of the Road Traffic Act (license without a license) by the same court on November 27, 201 and the decision became final and conclusive on November 27, 2013.

【Criminal Facts】

On April 12, 2014, at around 20:25, the Defendant driven B emulter freight without a driver’s license at a section of about 300 meters from the front of a restaurant in the mutual influence of the Mineyang-si to the front of the gamamri-ri, located in the same Ri, and without a driver’s license, while under the influence of alcohol 0.101% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of criminal records, inquiry reports and investigation reports (Attachment to the previous records of the same type and the judgment, etc.);

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished several times for the same kind of crime, he/she again reaches the instant crime during the period of suspension of execution, he/she supports his/her spouse who has difficulty in living together while collecting the abolition even if he/she had a disability.

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