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(영문) 대구지방법원 포항지원 2016.07.14 2016고단476

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On July 2, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving), a summary order of KRW 1.5 million for the same crime in the same court on November 17, 2008, and a summary order of KRW 4 million for the same crime in the same court on December 2, 2013.

[2] While Defendant 1 violated Article 44(1) of the Road Traffic Act more than twice, Defendant 2 driven B Poter cargo under the influence of alcohol concentration of about 0.064% without obtaining a driver’s license on a section of about 300 meters in front of that road from the king Gang-gu upstream-dong, Southern-gu, Seoul-do, on July 13, 2015, along with the foregoing violations of Article 44(1) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notice of the result of regulating the driving of drinking alcohol and a report on the situation of the driver of drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous convictions and related judgments);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving, shall be punished, but the selection of a fine shall be made);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The Defendant’s history of punishment for drinking and driving without a license is many times, and there are many other records of punishment including suspended execution. The instant crime also was committed without being aware of other crimes during the suspended execution period, and the circumstances favorable to the arrest of the Defendant who is missing for a considerable period of time: Simple drinking and driving without a license may cause a traffic accident.