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(영문) 대구지방법원 서부지원 2016.02.04 2015고단1818

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On October 1, 2007, the Defendant was sentenced to a summary order of 700,000 won for a fine for a violation of road traffic law in the Gwangju District Court’s net support, and on November 28, 201, the Defendant was sentenced to a fine of 3 million won for a violation of road traffic law (drinking) in the Cheongju District Court’s Support on November 28, 201, and on February 21, 2014, the Defendant was sentenced to a suspended sentence of 6 months for a violation of road traffic law (drinking) in the Changwon District Court’s Support.

3. 1. The judgment became final and conclusive.

【Criminal facts】 On September 10, 2015, the Defendant driven a vehicle with C low alcohol without mandatory insurance without a driver’s license, in a section of approximately 6km in front of a double-use dwelling site located in front of the building site in front of a cafeteria in Daegu-gun, Daegu-gun, on September 10, 2015, in the direction of approximately 0.194% of alcohol in the blood alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers of drinking alcohol and the results of regulating drinking alcohol driving;

1. Details of revocation of driver's license, ledger of driver's license, and mandatory insurance;

1. Previous convictions in judgment: Application of a reply to inquiry, investigation report (Attachment to the judgement, etc.);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of each alternative fine for punishment;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is that the Defendant was punished three times due to drinking driving. In particular, even if the Defendant was sentenced to a two-year suspended sentence of imprisonment for the same kind of crime in around 2014 immediately preceding, the Defendant was sentenced to a two-year suspended sentence of imprisonment for the same offense, and in addition, the alcohol level of the blood alcohol level of 0.194%.