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(영문) 청주지방법원 2016.10.20 2016고정707
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 13, 2010, the Defendant received a summary order of KRW 2.5 million from the Cheongju District Court as a violation of the Road Traffic Act (driving) and a fine of KRW 1.5 million from the same crime in the same court on March 18, 2016.

On June 19, 2016, at around 23:54, the Defendant driven B Car with blood alcohol concentration of at least 0.078% without obtaining a driver’s license from the studio in the trade name and the studio to the front of the same election commission from the studio-dong, Chungcheongnam-gu, Chungcheongnam-gu to the same road.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of results of the influence of drinking alcohol driving control, and details of management and inquiry of reports on detection of drinking alcohol;

1. Report on the circumstances of driving without a license and written statement on driver’s license;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A);

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

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

1. The punishment shall be determined as ordered in consideration of all the circumstances shown in the pleadings, such as the fact that the person was sentenced to a fine three times due to drinking alcohol driving for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the person was again punished in three months after receipt of the summary order, the age of the defendant, character and conduct, environment, and circumstances shown in the pleading;

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