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(영문) 대구지방법원 포항지원 2016.01.28 2015고단1275

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On August 3, 2009, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic law at the port branch of the Daegu District Court. On March 28, 2014, the Defendant was sentenced to a summary order of KRW 5 million for the same crime from the Southern Branch of the Gwangju District Court. On July 22, 2015, the Defendant was sentenced to a suspended sentence of one year for imprisonment with labor for the same crime.

[2] On October 24, 2015, the Defendant driven CK5 car under the influence of alcohol content of 0.213% while under the influence of alcohol while under the influence of 0.213%, without obtaining a driver’s license from the section of 62 km in the south-gu, the south-gu, the Southern-gu, Seoul-do, and the front road of the village resting area of about 85 kilometers.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of a driver in charge of driving and notification of the result of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of Acts and subordinate statutes to inquiries, such as criminal history, and criminal investigation reports (report on the filing of copies of summary orders and judgments of the same criminal suspect);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving, shall be punished, but the selection of a fine shall be made);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The defendant has been subject to punishment three times for the same type of crime. The instant crime was committed without being able to do so during the three-month grace period after a suspended sentence was rendered and the judgment became final and conclusive, and the drinking value is very high, and the normal situation favorable to driving distance is also high: not causing a traffic accident by simple drinking or non-licensed driving; all of the crimes are against the wrong recognition.