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(영문) 대전지방법원홍성지원 2020.09.23 2020고단409
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On May 10, 2018, the Defendant was issued a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Hongsung Branch of Daejeon District Court.

On April 17, 2020, at around 14:10, the Defendant driven a Dpoter Ⅱ while under the influence of alcohol concentration of 0.05%, without obtaining a driver’s license, from the front road of Chungcheongnam-si, Chungcheongnam-si to the front road of the same City C, and without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. The driver's license ledger;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the punishment prescribed for a violation of each Road Traffic Act at the time of marketing and the punishment heavier than that of a violation of the Road Traffic Act shall be imposed);

1. Selection of an alternative fine for punishment;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had a record of being punished for drunk driving, and the fact that the quality of the instant crime is not good, etc. is unfavorable to the defendant.

However, the defendant's mistake is recognized, and the defendant has no specific criminal records except that he/she is punished as a fine once due to drinking driving, and all other sentencing conditions, such as the circumstances of the crime of this case, the degree of drinking, the age and character of the defendant, shall be determined as ordered.

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