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(영문) 대구지방법원 2013.04.04 2013고단917

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 17, 2011, the Defendant was issued a summary order of 3.5 million won for a crime of violation of the Road Traffic Act by the Daegu District Court on August 17, 201, and on May 25, 2012, the same court was sentenced to a suspended sentence of 1 year for a crime of violation of the Road Traffic Act.

Criminal facts

On December 25, 2012, the Defendant, without obtaining a driver’s license at around 09:50 on December 25, 2012, operated a Crenst car to the front of the cafeteria, which is located in the Taecheon-dong, Daegu Northern-dong, where the trade name located in the Gancheon-dong cannot be known, while under the influence of alcohol concentration of 0.275%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Registers of driver's licenses;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Notice of completion of correction;

1. Before judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (a copy of judgment, and a copy of summary order);

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. Article 334(1) of the Criminal Procedure Act provides that the defendant shall be given an opportunity to open to the family by taking account of the fact that the defendant's custody is anticipated to entail excessive difficulty to his/her dependents, considering the fact that the defendant's responsibility for sentencing is heavy, but the defendant's serious reflects the defendant, the defendant's disposal of the vehicle, the defendant's disposal of the vehicle, and the fact that the defendant supports his/her wife and children, etc., the defendant shall be given an opportunity to open to the defendant.