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(영문) 청주지방법원 제천지원 2014.04.17 2013고단920
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

On March 5, 2008, the Defendant was notified of a summary order of a fine of KRW 700,000 for a violation of the Road Traffic Act in the Cheongju District Court Support on March 5, 2008, and on October 2, 2013, the Defendant was notified of a summary order of KRW 1.5 million for the same crime in the same court.

On December 4, 2013, at around 21:00, the Defendant driven approximately 1km section from the front of the restaurant “Sami-dong” to the front road of the “Sami-dong” store located in Yacheon-si, Incheon-si, and at around 21:05 on the same day, the Defendant was under the influence of alcohol concentration of about 0.086%, and drive Briberopo-do cargo without obtaining a driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous for judgment: Application of criminal records, inquiry reports, unwritten statements, reports on the results of confirmation of dispositions, and investigation reports (Attachment to copies of summary orders);

1. Relevant provisions of Article 148-2 (1) 1, 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order should be sentenced to a fine only once in consideration of the defendant's occupation, etc., even though the defendant had two criminal records of the same kind of offense, who again commits a second offense only in the month of the last punishment. However, there is no record of being suspended or higher than the qualification, the blood alcohol concentration is not high, and the defendant's occupation, etc.

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