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(영문) 대구지방법원 김천지원 2014.01.17 2013고정635

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 13, 2010, the Defendant received a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch, etc. On June 2, 2010, the same court had the record of receiving a summary order of KRW 1.5 million due to a violation of the Road Traffic Act (driving). On July 13, 2012, the same court was sentenced to a suspended sentence of two years for imprisonment with prison labor for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on the 21st of the same month.

On January 2, 2012, at around 23:55, the Defendant driven a 49cc enzed message while under the influence of 0.122% of alcohol level without obtaining a motorcycle driver's license on the 36th-way 36th day of Silsi-dong, Silsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports, results of the search of cases bound on the records of public trial, and application of one copy of judgment under Acts and subordinate statutes;

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 2 of Article 154 and Article 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act dealing with concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;