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(영문) 대구지방법원 서부지원 2014.08.19 2014고단599

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On August 7, 2008, the Defendant was sentenced to a fine of two million won for the crime of violation of the Road Traffic Act in the Seogu District Court's branch court on August 7, 2008, a fine of two million won for the crime of violation of the Road Traffic Act in the same court on April 14, 201, and a fine of eight months for the same crime in the same court on March 14, 2013 and two years for suspended execution, respectively, and is currently under suspended execution.

Despite the fact that the Defendant had been punished twice or more for the violation of the Road Traffic Act, the Defendant driven a Crench car in the section of about 2 km from 0.079% of the blood alcohol concentration at around 08:45 on April 20, 2014 without obtaining a driver’s license. < Amended by Act No. 12534, Apr. 20, 2014>

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Statement of the result of crackdown on drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of criminal records, investigation reports (a copy of the judgment and a copy of the summary order) and other relevant Acts and subordinate statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

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 of the provisional payment order;