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(영문) 대구지방법원서부지원 2020.11.20 2020고단920

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of 12,000,000 won.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 13, 2010, the Defendant issued a summary order of KRW 2 million for a crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 13, 2010, and on March 20, 2017, the Defendant issued a summary order of KRW 3 million for the same crime at the Ulsan District Court.

On March 14, 2020, at around 03:00, the Defendant driven a DK5 car while under the influence of alcohol content of 0.140% without obtaining a driver’s license from approximately 1.5km to the Seogu Seogu Seo-gu Seoul Metropolitan City (Seoul Seo-gu), from around 03:00, the Defendant driven a DK5 car without obtaining a driver’s license.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act at least once, but once again drives a vehicle while at the same time, without obtaining a driver’s license.

Summary of Evidence

1. Application of Acts and subordinate statutes to inquiry, such as the defendant's legal statement report on the circumstances of the driver making a statement, investigation report, and inquiry of the results of crackdown on drinking driving, the criminal records of the driver's license register, and investigation confirmation (report on

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

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had been punished twice due to drunk driving, and that the defendant had a drinking without a license, and that the drinking alcohol in this case is high is disadvantageous to the defendant.

However, in light of the above circumstances, it is reasonable to consider that the defendant's mistake, has not been subject to criminal punishment exceeding a fine, and is supported by his mother, and that the defendant is forced to be sentenced to imprisonment without prison labor or heavier punishment in the present workplace, and that this seems to be harsh in light of the above circumstances.