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(영문) 대전지방법원 서산지원 2020.05.07 2020고단83
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 18,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On August 9, 2007, the Defendant issued a summary order of KRW 2 million for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court, and on April 6, 2012, the same court issued a summary order of KRW 6 million for a fine for a violation of the Road Traffic Act.

【Criminal Facts】

On December 22, 2019, at around 14:40, the Defendant driven the EM5 vehicle under the influence of alcohol concentration of 0.131% without obtaining a driver's license from the front road of Dawon in Siljin-si B to the front road of the same time, from approximately 50 meters.

As a result, the Defendant violated the prohibition of drinking driving more than twice, and operated a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. The defendant's legal statement 1. The actual condition survey report and on-site photographs;

1. Registers of driver's licenses;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, reply reports, and investigation reports;

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 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. In comprehensive consideration of the degree of taking the sentencing of Article 334(1) of the Criminal Procedure Act with regard to the sentencing of the case, the same kind of power of the defendant, the environment of the defendant, etc.

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