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(영문) 대구지방법원 2014.10.08 2014고정1196

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On November 22, 2013, the Defendant was sentenced to six months of imprisonment with prison labor for a violation of the Military Service Act at the Daegu District Court, and the judgment became final and conclusive on February 4, 2014.

[2014 High Court 1196] The defendant is a person driving B k7 car.

On July 24, 2013, at around 09:00, the car was driven under the influence of alcohol of about 0.067% of blood alcohol concentration from the 2km section to the front of the Mamotool in the Mali-dong in the Gunsi-si, Sinsi-si.

[2014 high-level 1635] On February 27, 2013, the Defendant made a false statement to the employees E of the victim C in the Dispute Resolution Committee D, which was operated by the victim C, in front of the North-west Terminal in the fluoron-Eup, Pacific-gun, Pacific-gun, the Defendant concluded that “I would settle the rental fee with the insurance processing process in the case where HG vehicles need to be borrowed due to their traffic accidents, as HG vehicles need to be borrowed and borrowed.”

However, the defendant did not have the intention or ability to pay the rent even if he rents the above vehicle.

The Defendant, by deceiving E as above, did not use FNAS car, which is the victim’s possession of an amount equivalent to KRW 3.2 million for 10 days in its place of lease from the victim, for 10 days until March 8, 2013, and did not pay the amount, thereby taking economic benefits equivalent to that amount.

Summary of Evidence

1. Previous convictions: Each of the court rulings (2014 High Court Decision 1196);

1. Defendant's legal statement;

1. A report on detection of a host driver (2014 high-level 1635);

1. Partial statement of the defendant;

1. Each police statement of E;

1. Application of Acts and subordinate statutes to investigation reports (G counterpart investigation);

1. Relevant provisions of Article 148-2 (2) 3, Article 44 (1) of the Road Traffic Act, Article 347 (1) of the Criminal Act and the selection of fines for the crime;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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