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(영문) 대구지방법원 서부지원 2015.09.23 2015고정349

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

The Defendant is a person who has a drinking-driving power twice or more (a fine of KRW 2 million in the Changwon District Court on November 15, 201, and a fine of KRW 1 million in the Busan District Court on December 3, 2008).

On February 6, 2015, at around 22:25, the Defendant, without a driver’s license, driven a vehicle B, under the influence of alcohol content 0.083% in the direction of a long-term public parking lot located in the same long-term Dong in the direction of the same long-term public parking lot.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement to C by the police;

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

1. A report on occurrence of a traffic accident;

The actual sulfur survey report;

1. Registers of driver's licenses;

1. An investigation report (with respect to the statement made by a passenger of a damaged vehicle D, submission of a written estimate for C);

1. Photographs of damaged vehicles;

1. Previous records: Application of criminal records, etc. 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. 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;