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(영문) 대전지방법원 천안지원 2017.10.26 2017고단1847
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of nine million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On August 27, 2008, the Defendant was sentenced to a suspended sentence of ten months for a violation of road traffic law in the Daejeon District Court’s branch on the grounds of the crime of violation of road traffic law, etc. On February 13, 2012, the Defendant was sentenced to a summary order of three million won for the same crime in the same court on February 13, 2012. On February 5, 2015, the Defendant was sentenced to six months of imprisonment for the same crime in the same court on February 5, 2015 and completed the execution of the sentence in the Daejeon District Court on August 8, 2015.

[2] On June 24, 2017, the Defendant: (a) had the power of violating Article 44(1) of the Road Traffic Act more than twice on more than two occasions; (b) in addition, at approximately 200 meters distance from the front side of the restaurant in the south-gu, Seocheon-gu to the white studio in the same Dong-gu, Seocheon-gu, Seocheon-gu, the Defendant driven D-pick truck with alcohol content of at least 0.167% while under the influence of alcohol during blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Notification of the results of regulating drinking driving;

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

1. Investigation report (report on the situation of the driver in charge); and

1. The driver's license ledger;

1. Previous convictions: A reply to inquiries, such as criminal history, the current status of personal confinement, investigation reports (verification of the previous records), and each judgment attached thereto, and the application of the statutes governing summary orders;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: Three times as well as three times of punishment, and there has been a history of having been punished for a crime of drinking, and in particular, even during the period of repeated crime due to the same kind of crime, repeated crimes of this case and the vehicle parked while driving without a license for drinking.

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