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(영문) 대전지방법원 홍성지원 2013.07.09 2013고단410
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The Defendant had the record of being punished several times due to drinking or non-licensed driving, sentenced to a fine due to traffic accidents during the year 201, and sentenced to a suspended sentence due to driving without a license in the year 2012, but again sentenced to a suspended sentence during the suspended sentence period. However, considering the criminal records of the Defendant, it cannot be deemed that the Defendant was seriously against his/her own criminal act, and thus, it is necessary to punish more severe punishment.

However, considering the fact that the distance of drinking driving is not long, while the suspended sentence should be imposed when the sentence is sentenced, the defendant will be given an opportunity to correct the error and live faithfully.

On May 1, 2013, the Defendant, without obtaining a driver’s license at around 15:30 on May 1, 2013, driving a D-wing truck at approximately 400 meters from the front of the parking lot in the vicinity of the Sincheon-si, Bocheon-si, 170% of alcohol content, to the No. Gacheon-ri located in the same Eupncheon-ri.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

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

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (2) 2 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier 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 is not only that the Defendant has a history of criminal punishment on several occasions due to drinking and driving without a license, but also eight months of imprisonment and suspension of execution due to a traffic accident while driving under influence on November 25, 201.

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