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(영문) 대구지방법원 안동지원 2014.11.28 2014고단836

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

[criminal power] On August 27, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on April 15, 201, a fine of one million and five hundred thousand won for a violation of the Road Traffic Act (Free Driver's License) in the same court on April 15, 201, a fine of 4.5 million won for a violation of the Road Traffic Act (Free Driver's License) in the same court on February 24, 2011, and a fine of two years for a suspended sentence of six months for a violation of the Road Traffic Act in the Daegu District Court's Ansan Branch on February 14, 2013.

【Criminal Facts】

On July 14, 2014, at around 01:45, the Defendant, without a driver’s license, was under the influence of alcohol of 0.083%, driven a rocketing car at a section of about 8km from the front side of the Western-gu Seoul Metropolitan Government, Daegu-si, to the front side of the Gangseo-gu, Seoul-gu, Seoul-si, Seoul-si, to the front side of the class of the river in the valley of the same Si-Gun.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the current state of state of drivers, investigation report (Attachment to the register of driver's licenses);

1. Before ruling: Application of criminal records, inquiry reports, investigation reports, and 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 (the selection of a fine shall be limited to only once, taking into consideration the fact that the crime during the period of suspension of execution of punishment, the blood alcohol level is less than 0.1%, the fact that the mother and flag are the most supported by the baby);

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;