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(영문) 대구지방법원 상주지원 2015.12.22 2015고단463

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On January 28, 2013, the Defendant was issued a summary order of a fine of three million won for a violation of the Road Traffic Act in the resident support of the Daegu District Court on January 28, 2013, and on November 18, 2014, the same court was sentenced to a suspended sentence of three years for one year and six months for a violation of the Road Traffic Act.

[Criminal Facts] On July 12, 2015, the Defendant was under the influence of alcohol by 0.219% with blood alcohol concentration without obtaining a driver’s license on July 12, 2015, and was driving C Poter in the section of about 1km from the front of the Yancheon-gun, Yancheon-gun, Yancheon-gun to the front of the 73-1st road of the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Registers of driver's licenses;

1. A written appraisal of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same type of crime records);

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;

1. Selection of an alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334(1) of the Criminal Procedure Act provides that the defendant has a criminal record identical to the defendant for the reason of sentencing of sentencing of Article 334(1) of the Provisional Payment Order; however, the defendant is required not to scrap and repeat the instant vehicle; the defendant's health is not good, such as the defendant's age, character and conduct and environment; the motive, means and consequence of the crime; and the conditions of sentencing specified in the pleadings of the instant case, such as the circumstances after the crime, shall be considered.