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(영문) 대구지방법원 2017.12.21 2017고단5804

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on July 22, 2016, issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving), and the same court issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving), on September 25, 2009, on more than two occasions.

[2] On September 30, 2017, the Defendant driven a bicycle driver’s license under the influence of alcohol content of approximately 0.058% from the 5km section to the front road of the Cheongdo-ro, Cheongdo-ro, Eup, Cheongdo-ro, Cheongdo-ro, Cheongdo-ro, Cheongyang-do-si, Seoyang-do-si, Cheongyang-do-si, Cheongyang-do-si, Cheongyang-do-si, Gyeongyang-do-do, 2017 without obtaining a bicycle driver’s license under the influence of alcohol content of approximately 0.058%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving without obtaining a motor device bicycle driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Making a statement on the circumstances of a driver who is placed in driving, inquiry into the results of crackdown on drinking driving, the ledger of driver's licenses, and making an inquiry into the vehicle;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a copy of summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

Unfavorable circumstances: The defendant shall drive alcohol three times.