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(영문) 대구지방법원 2017.03.30 2016고단6678

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal history] The defendant was sentenced to a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on October 13, 2006. On September 25, 2009, the defendant was sentenced to a fine of two million won or more for the same crime.

[Criminal facts]

1. On December 13, 2016, the Defendant driving a B-private bridge vehicle at a distance of about 8km from the front side of the Daegu River in the leuk-gu troke apartment with the alcohol level of 0.085% under the influence of alcohol at around 10:00 on December 13, 2016, without a driver’s license.

2. The Defendant violated the Guarantee of Automobile Damage Compensation Act: (a) operated B leg vehicles without mandatory insurance, at the same time and place as that of the preceding paragraph.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of regulating the driving of drinking, the driver's license register, and a mandatory insurance inquiry;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to a copy of the previous summary order);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 152 subparagraph 1, Article 43 of the Road Traffic Act (the point of driving without a license), Article 46 (2) 2, and the main sentence of Article 8 of the Guarantee of Automobile Compensation for Loss, concerning the facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (it shall be between a violation of the Road Traffic Act and a violation of the Road Traffic Act (non-licenseed driving);

1. Selection of each alternative fine for punishment (the defendant's final drinking driving record was past seven years of age, and the defendant's attempt not to repeat again;

(3) such consideration as the

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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