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(영문) 대구지방법원안동지원 2020.12.15 2020고단548

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 23, 2020, at around 12:45, the Defendant driven a motor vehicle driver’s license in the section of about 8 km from the front of the Dong-dong-si, B to the pocheon 1,591, located in the same city north-do, 1591, without obtaining a driver’s license. The Defendant driven a non-registered MXER 125 (124cc) master’s license while under the influence of alcohol concentration of about 0.218%.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's statutory statement, circumstantial statement, investigation report, notification of the results of the control of drinking driving (verification of the register of driver's licenses for suspected motor vehicles) to the accused;

1. Relevant provisions of Article 148-2 (3) 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. Articles 70 (1) 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 of the provisional payment order is for the defendant without a license and driving under influence in 2005, and even if he had the record of each fine for driving without a license in 2014, repeated the crime of this case. The numerical value of blood alcohol concentration in this case is very high to exceed 2.5 times the criteria for the disposition revoking a driver’s license, and other factors of sentencing as shown in the records and arguments, such as the defendant’s age, character and behavior, environment, family relationship, motive, means and consequence of the crime, etc., shall be determined by comprehensively taking into account the following factors: