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(영문) 대구지방법원 김천지원 2016.11.29 2016고정541

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 2,500,000.

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

Reasons

Punishment of the crime

around 23:15 on July 30, 2016, the Defendant driven a vehicle with approximately KRW 5km from the 5km section under the influence of alcohol content 0.080% under the influence of alcohol on the front of a diversical apartment, which is located in the Gu-U.S. Scattering apartment, in front of the Gu-U.S. Scattering apartment.

From September 13, 2016 to December 21, 2016, the Defendant, “2016 High 581,” even though he was during the suspension period of a driver’s license for 100 days from September 13, 2016 to December 21, 201, the Defendant, starting from the riverside apartment in the Gu-U.S. M. M. M. 16:10 on September 17, 2016, driven a car with approximately 2 km distance from the riverside apartment in the Gu-U.S. M. M. to the riverside Bosung apartment again via the wall mountain apartment

Summary of Evidence

[2016 High Court Decision 541]

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Inquiry into the result of the control of drinking driving;

1. Defendant's legal statement;

1. A copy of the written statement (related to the suspension of driver's license);

1. Application of statutes to the ledger of driver's licenses, inquiry into the main office, copy of a decision on disposition of suspension of driver's licenses, and copies thereof;

1. Relevant legal provisions concerning the facts of crime, Articles 148-2 (2) 3, 44 (1) of the Road Traffic Act (the point of sound driving), subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act (the point of driving without a license) and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Although it is recognized that the defendant is against the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, considering all the circumstances, such as the defendant's act of committing each of the crimes in this case despite the fact that the defendant had been punished for the same kind of crime, the statutory penalty prescribed by the Road Traffic Act, equity of the sentence sentenced by the similar case, the defendant's age, character and conduct, environment, motive, means and consequence of the crime, etc., in a summary order.