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(영문) 대전지방법원 홍성지원 2018.02.01 2017고정303
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On August 24, 2017, the Defendant was driving a motor vehicle driver’s license for a violation of the Road Traffic Act (drinking driving) and a violation of the Road Traffic Act (donless driving) on the road in Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, through the front road of the Seocheon-gun, Seocheon-gun, Seocheon-do, and again driving a motor vehicle with approximately 0.194% alcohol concentration from the 1km section to the front road of the Seocheoncheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do, without obtaining a driver’s license for the bicycle device under the influence of alcohol of about 0.194% from the 1km section

2. The Defendant violated the Guarantee of Automobile Compensation for Damages, driving the above Oral Ba, which was not covered by mandatory insurance, at the time and place specified in paragraph (1).

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of crackdown on driving drinking;

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

1. The driver's license ledger;

1. Inquiry into mandatory insurance;

1. Application of Acts and subordinate statutes to a survey report on the occurrence of a traffic accident and report on the occurrence thereof;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving without a license) concerning the facts constituting an offense, and Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation Act (the point of operating a mandatory insurance) concerning the compensation for motor vehicles;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. Circumstances unfavorable to the sentencing of Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The sentencing conditions indicated in the instant case, such as the Defendant’s age, sexual conduct, environment, motive or consequence of the crime, etc., shall be determined by taking into consideration the following factors: the fact that there are many criminal records, including the same criminal records, the higher drinking level, and the Defendant’s age, sexual behavior, environment, motive

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