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(영문) 춘천지방법원 강릉지원 2014.05.21 2013고단780
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving a Clearning car.

On October 28, 2013, the Defendant, while under the influence of 0.115% without obtaining a driver’s license at around 19:20 on October 28, 2013, driven a approximately one kilometer section from the Defendant’s house before the house in the East Sea to the front of the “agricultural market” in the Dong Sea-dong in the East Sea.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

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

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

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

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 sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order include not only a large amount of criminal records that the defendant was punished for the same kind of crime, but also a more severe punishment by committing the instant crime during the period of suspension of execution. However, the defendant recognized his/her mistake and did not repeat the crime. However, the defendant has a cerebral disease caused by cerebralcular, and raises two children of a young child, taking into account all the circumstances such as the fact that he/she is raising a young child.

It is so decided as per Disposition for the above reasons.

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