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(영문) 대전지방법원 2016.11.04 2016고단2655
도로교통법위반(음주운전)등
Text

A defendant shall be punished by imprisonment with prison labor for up to eight months and a fine of up to three hundred thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

Criminal power is a person who was sentenced to a fine of 700,000 won by the Cheongju District Court on August 28, 2008 due to a violation of the Road Traffic Act (driving) and was sentenced to a fine of 2 million won by the Daejeon District Court on December 18, 2014.

Criminal facts

On June 16, 2016, the Defendant, while under the influence of alcohol of 0.085% with blood alcohol content without obtaining a motorcycle driver’s license on June 20:25, 2016, driven a non-registered motor bicycle that was not covered by mandatory insurance at a section of about 7 km from the vicinity of the Seo-gu Seo-gu Black Park and Seo-gu, Daejeon to the lower part of the lower part of the lower part of the 125cc.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of the driving of a motor vehicle;

1. Registers of driver's licenses;

1. Mandatory insurance policies;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same criminal records)-related Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act, Article 46 (2) 2 and the main sentence of Article 8 of the Guarantee of Automobile Accident Compensation Act concerning criminal facts;

1. Crimes under Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (trades under Articles 40 and 50 of the Road Traffic Act and those under the Road Traffic Act);

1. Selection of a fine for a violation of the Road Traffic Act or the Guarantee of Automobile Accident Compensation Act, with respect to an option of punishment, or a violation of the Road Traffic Act;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 62 (1) of the Criminal Act;

1. Order to attend lectures under Article 62-2 of the Criminal Act;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: Two times the criminal records of drunk driving and six times the criminal records of unlicensed driving.

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