beta
(영문) 대구지방법원 김천지원 2014.09.04 2014고단668

도로교통법위반(음주운전)등

Text

A defendant shall be punished by a fine of 10 million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On August 17, 2007, the Defendant was sentenced to a summary order of KRW 700,000 to a fine for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on August 17, 2007, and a summary order of KRW 3 million to a fine for the same crime in the same court on June 8, 2010, respectively. On July 4, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

On June 7, 2014, at around 22:28, the Defendant driven a C-coo vehicle while under the influence of alcohol by 0.219% without a vehicle driver’s license, from around 2 km section from the front of the C-coo village hall to the front of the Gu-U.S. U.S. Si, Seog-gu, Chungcheongnam-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, report on the actual state of a driver, report on the accident, on the site photograph at the time of the accident, on the actual condition survey report, and on the

1. Previous records of judgment: Application of criminal records, investigation reports (the confirmation of the date of confirmation and attachment of a copy of judgment) and other Acts and subordinate statutes;

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of a selective fine for punishment (the crime during the suspension of execution due to the same type of crime, the degree of taking the principal, and the occurrence of an accident). However, during the two-month detention period, the defendant filed an accident report by himself/herself immediately after the above accident, and the damage caused by the accident was completely recovered, referring to the fact that the employee's contribution and human nature are mentioned in the defendant's wife and the residents' wife, and other factors are considered such as the defendant's age, academic background, health status, and home form).