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(영문) 대구지방법원 영덕지원 2013.12.11 2013고단147

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On June 18, 2009, the Defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act in the Young-gu District Court’s Young-gu District Court’s Young-gu District Court’s Young-gu Branch on July 17, 2012. On July 25, 2012, the Daegu District Court sentenced the Defendant to imprisonment for one year and two years of suspended execution. On July 25, 2012, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice, such as the final decision.

On April 10, 2013, the Defendant, without obtaining a driver’s license at around 23:20 on April 10, 2013, driven Dpoter spab spabs in a section of about 5 meters from the road front before the modernization of ordinary nautical miles located in Pyeongtaek-gun, Chungcheongnam-do, Chungcheongnam-do, Pyeongtaek-do, Ulsan-do, to the same public parking lot at the same place, while under the influence of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drunk driving, arrest of suspects in violation of the Road Traffic Act (e.g., drinking and non-license), and entry in the register of driver's licenses

1. Previous records: Application of Acts and subordinate statutes in which inquiries into criminal records and other reference records and investigation reports (a copy of the summary order, etc.) are recorded;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. The reason for sentencing under Articles 70 and 69(2) of the Criminal Act is that the defendant has been punished several times due to drunk driving, and in particular, committed the same crime during the suspension period, such as the previous conviction in the judgment, and thus, the defendant is not subject to the minor liability.

However, the defendant's blood alcohol concentration is not very high than 0.127%, but the distance of driving is less than 5 meters, and there was no traffic accident in the course of driving.

In addition, the defendant is married with E on October 20, 2013 and his wife.