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(영문) 대구지방법원 경주지원 2016.12.07 2016고정235

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On March 11, 2008, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act from the Daegu District Court and the racing support, and on August 22, 2013, the same court issued a summary order of KRW 3 million as a fine for the same crime.

2. The Defendant, on August 8, 2016, driven a broad broad while under the influence of alcohol leveling 0.075%, without obtaining a driver’s license, at a section of about 800 meters from the front day of the Yannam-dong Yandong, Yellow-dong, to the same Yannam-dong breable distance, on the roads where he was under the influence of alcohol leveling 0.075%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, report on the control of drinking driving, and the register of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and criminal investigation reports (Attachment to a summary order of the same kind of power);

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 a elective fine (Consideration of the same criminal records of the accused, drinking alcohol, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;