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(영문) 광주지방법원순천지원 2020.10.16 2020고단846
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On March 21, 2020, the Defendant, without obtaining a driver’s license at around 05:41 on March 21, 2020, driven a car in a state of alcohol alcohol concentration of about 0.123% at the 1km section from the front of the “C” drinking house to the front of the same city D, without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. On-site photographs;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (3) 2, 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 and Article 43 of the Road Traffic Act;

1. Punishment for a violation of Articles 40 and 50 of the Criminal Act (a punishment for a violation of the Road Traffic Act and a violation of the Road Traffic Act without a license) and a punishment for a violation of the Road Traffic Act with heavier concurrent punishment;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order needs to be punished by severe punishment in that the defendant is not aware of himself/herself during the period of probation, and drives without a license.

However, the sentencing conditions indicated in the records, such as the defendant's age, character and behavior and environment, are considered and reflected in the fact that the defendant's mistake is recognized, the previous probation period is previous and has not been punished for drinking driving, and the punishment is determined like the order.

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