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(영문) 대전지방법원 논산지원 2018.02.06 2017고단637
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

[criminal history] On November 17, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law at the Incheon District Court, and on June 10, 2016, the Defendant was sentenced to a summary order of five million won or more for a crime of violating road traffic law in the support of the Daejeon District Court Seosan on June 10, 201, and was sentenced to a summary order of five million won or more for a crime of violating road traffic law at least twice. On April 14, 2017, the Defendant was sentenced to a suspended sentence of six months for a crime of interference with business in the support of the Daejeon District Court Seosan, Daejeon District Court, which became final and conclusive on April 22, 2017.

[2] On September 4, 2017, the Defendant driven a B Poter Cargo Vehicle under the influence of alcohol level of 0.064% in blood without obtaining a driver’s license from the front of a vinyl house located in the light asbestos rate of 23:00 on September 4, 2017 to the front road of the Denmark Seniors Medical Care Center located in the Snden-si Slive Slive Slive Slive Slive Slive Slive Slive Slive Slive Sn.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Notification of the results of regulating the driving of drinking alcohol and statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger (A);

1. An accident scene photograph;

1. Previous convictions indicated in the judgment: Application of an inquiry letter, such as criminal history, investigation report (report on confirmation of the facts under the period of probation), investigation report (report on confirmation of the previous records), and statutes;

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. In light of the fact that the Defendant was punished three times as a fine for drinking driving by reason of the sentencing of Article 334(1) of the Criminal Procedure Act, and that he again committed the instant crime without being subject to suspended sentence due to the instant crime even though he was under suspended sentence due to the instant crime, the Defendant is strictly punished.

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