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(영문) 전주지방법원 군산지원 2018.02.02 2017고단1351
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, 80,000 won.

Reasons

Punishment of the crime

[criminal history] On February 3, 2006, the Defendant issued a summary order of one million won to a fine for a crime of violating the Road Traffic Act (drinking driving), on December 10, 2013, a summary order of two million won to a fine for the same crime from the Gunsan Branch of the Jeonju District Court on December 10, 2013, and on April 4, 2014, the same court issued a summary order of five million won for the same crime and a crime of violating the Road Traffic Act (drinking driving without a license), respectively. On June 24, 2015, the same court was sentenced to a suspended sentence of three years on July 2, 2015 due to a crime of violating the Road Traffic Act (drinking a drinking), and a violation of the Road Traffic Act (drinking without a license).

[2] The Defendant: (a) was a person who has been punished twice or more due to a violation of the Road Traffic Act (driving of Drinking), and (b) was driving a C Track Motor Vehicle under the influence of alcohol content of about 1.6 km from the 103 parking lot to the 1.6 km-ro hotel in the same city from the 103 parking lot to the 1.6 km-ro hotel in the same city; and (c) was under the influence of alcohol content of about 0.109% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the suspect examination of the accused by the prosecution;

1. Inquiries about the results of crackdown on drinking driving;

1. Reporting on detection of a suspected violation of traffic laws on roads;

1. The driver's license ledger;

1. Previous convictions: Inquiries about criminal history and the application of Acts and subordinate statutes of investigation reports (a copy of judgment);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), Article 152 (1) 1, and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of a selective fine (the fact that the period has elapsed since the last drinking control date, the fact that the period of detention is against the specified period, and the present home environment of the accused, etc.);

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

1. It is so decided as per Disposition on the grounds of Article 334(1) or more of the Criminal Procedure Act.

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