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(영문) 대구지방법원 2016.08.10 2016고정1176

도로교통법위반(음주운전)등

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

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

Reasons

Punishment of the crime

On November 10, 2006, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Daegu District Court on November 10, 2006, a fine of two million won for a violation of the Road Traffic Act at the Daegu District Court on August 17, 2010, and a fine of five million won for a violation of the Road Traffic Act at the Daegu District Court on June 20, 2014.

Nevertheless, on May 4, 2016, the Defendant, without a driver’s license of a vehicle around 00:00, driven a BWz car under the influence of alcohol content of about 0.111% from the 1km section to the front road of the Republic of Korea, located in 193 UK 6-193 U.S. Mag-si, Jin-si, Jin-si, Gyeongsan-si without a driver’s license of a motor vehicle.

Summary of Evidence

1. Statement report on the situation of a driver driving, notification of the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking;

1. Investigative into the ledger of driver's licenses and the main office;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Application of each statute on photographs;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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