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(영문) 대구지방법원 김천지원 2015.04.02 2015고단107

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

On May 10, 2007, the Defendant was sentenced to a summary order of two million won by a fine for a violation of the Road Traffic Act at the Daegu District Court, on November 30, 2012, to a summary order of three million won by a fine for a violation of the Road Traffic Act at the Daegu District Court Kimcheon Branch on November 30, 2012, and on September 4, 2014, to a suspended sentence of two years by imprisonment for a violation of the Road Traffic Act at the Daegu District Court Kimcheon Branch on September 4, 2014.

피고인은 2014. 12. 22. 23:25경 구미시 황상동에 있는 맛짱국밥 앞 도로에서부터 같은 동에 있는 네파 앞 도로에 이르기까지 약 200m 구간에서 자동차운전면허를 받지 아니하고 혈중알콜농도 0.104%의 술에 취한 상태로 D 아반떼 승용차를 운전하였다.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving without a license and license;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes on criminal records, etc., inquiry reports and investigation reports (reports on attachment to A's judgment, etc.);

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. The crime committed by multiple persons who have the same kind of selective fine, and the judgment, should be sentenced to punishment in that it is a crime during the period of suspension of execution, but military service shall be completed at the time of the defendant's death or difficult, and it shall be extremely open with his work after completing military service;

It is impossible to get late to go up with the late, but the workplace that was immediately going on, lose its workplace, and the family is broken up within the limit of the workplace.