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(영문) 대구지방법원 의성지원 2013.08.29 2013고단159

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On May 13, 2013, at around 21:55, the Defendant driven B truck under the influence of alcohol content of 0.069% without a vehicle driver’s license in a section of approximately 1 km from the street in front of the enzine station in the Eup/Myeon of the Gyeong-gun, Chungcheongnam-do, Gyeongbuk-gun, Gyeongnam-gun, the Defendant, at around 22:00 the same day.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the register of driver's licenses, such as report on the occurrence of the case, report on the situation of driving under the driving under the driving under

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished several times for driving under the influence of alcohol in the past, and in light of the purpose of the revision of the Road Traffic Act of strengthening the punishment for driving under the influence of alcohol, it is inevitable for the defendant to severe punishment against the defendant.

However, in light of the fact that the defendant recognized his mistake and reflects his depth, and all of the sentencing conditions shown in the arguments of this case, such as the age, family relation, health status, personality and conduct, environment, motive of the crime, circumstances after the crime, etc. of the defendant, the punishment shall be determined as ordered.

It is so decided as per Disposition for the above reasons.