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(영문) 대구지방법원 2014.06.19 2014고단1998

도로교통법위반(음주운전)등

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Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On May 1, 2009, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Daegu District Court on May 1, 2009, and a fine of two million won for the same crime at the same court on October 13, 2011.

On March 27, 2014, at around 23:30, the Defendant driven BMW car with approximately 100 meters alcohol concentration 0.173% while under the influence of alcohol without obtaining a driver's license from the front apartment in middle-gu, Daegu to the front road of the life-person household in the same Dong.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol, while driving a motor vehicle without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. A driver's license inquiry;

1. Report on the results of the crackdown on drinking driving, and report on the situation of driving under drinking;

1. Previous convictions indicated in judgment: Application of criminal records, inquiry reports, investigation reports (a copy of the same summary order) and other 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 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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 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 is that the Defendant, who had been punished several times due to drunk driving, has committed the instant crime again, and the liability for such crime is not minor.

However, the defendant is against the crime of this case, there is no previous conviction or more than the suspension of execution, raising a mixed child, and other cases, such as the defendant's age, character and conduct, motive, means and consequence of the crime of this case, and circumstances after the crime.