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(영문) 춘천지방법원 2016.07.06 2016고단437
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On March 12, 2010, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Chuncheon District Court on March 12, 201, and a fine of KRW 1 million for the same crime at the same court on September 21, 2011.

On April 23, 2016, the Defendant, without obtaining a driver's license for a motor vehicle on April 20, 2016, driven a 100-meter Badro Bme car from the 100-meter section of Gangwon-do Office of Education located in the same city, from the 100-meter section of Gangwon-do Office of Education to the parking lot of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver's license in the main place and the driver's license ledger;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1, Article 44 (1) (referring to driving of a person who has been involved in drinking not less than twice) of the relevant Act on the grounds of criminal facts, Article 152 subparagraph 1, and Article 43 of the relevant Act on the Road Traffic;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had been punished for a violation of the Road Traffic Act due to drinking or non-licensed driving on several occasions, and there are disadvantageous circumstances such as the degree of drinking in the instant crime of driving alcohol.

On the other hand, the defendant is against his own wrongness, and the defendant is not guilty of such a crime again.

There are more favorable circumstances, such as that there is room for some consideration, since all of the “previous convictions of drinking not less than twice” constituting the crime of violating the Road Traffic Act (drinking not less than drinking), which is the crime of violating the Road Traffic Act (drinking not less than twice).

The above circumstances, and the age, sex, environment, and each of the crimes of this case.

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