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(영문) 대구지방법원 2013.09.12 2013고단4332

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On September 8, 2006, the Defendant was sentenced to a fine of 4,00,000 won for the violation of the Road Traffic Act and the violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch on September 8, 2006. On January 31, 2008, the Defendant was sentenced to a suspended sentence of 8 months for the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on January 31, 2008. On October 5, 2010, the Defendant was sentenced to a suspended sentence of 6 months or more, and was sentenced to a suspended sentence of 2 months or more for the crimes of violation of the Road Traffic Act (non-licensed driving) at the Daegu District Court on October 5, 20

On June 7, 2013, at around 20:30, the Defendant driven a BFweet car under the influence of alcohol content of 0.113% without obtaining a driver’s license from a section of approximately 5 km from the roads in front of the SBS Do, Cheong-gun, Cheongdo-Eup, Cheongdo-ro, Cheongdo-ro, to the roads in front of the entrance of approximately 5 km-ri village-ri in the same Eup.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses;

1. Previous records: Criminal records and other inquiries, and the application of Acts and subordinate statutes of an investigation report;

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;

1. Selection of an alternative fine for punishment;

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

1. In light of the fact that the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act was 4 times a fine due to drinking, driving without a license, and repeats the crime of this case even though he had been punished twice a suspended sentence, it is deemed that the defendant requires strict punishment against the defendant. However, the defendant's mistake is against his own mistake, the drinking driving which was finally punished is 2010 years, and the defendant's age, character, conduct, environment, family relationship, etc. are all other things.