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(영문) 대구지방법원 김천지원 2016.01.07 2015고단1274

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine not exceeding eight million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On April 13, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) by supporting the Daegu District Court Kimcheon on April 13, 2007, and on March 4, 2015, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court.

Although the Defendant was punished twice due to drinking driving, on September 19, 2015, the Defendant driven a car in Cart knife without obtaining a driver’s license from the section of about 10km in the section of about 0.138% in alcohol while under the influence of alcohol for about 0.138% in alcohol, from the section of around 12:10 to the parking lot of the mountain village located in the Gu-U.S.-U.S.-si, the Gu-U.S.-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Written statements of D;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a field photograph, a statement report on the situation of a driver with the main driver, and the ledger of driver's licenses

1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;

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. 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 Acts of transportation with heavy punishment);

1. Selection of a selective fine (the interval between the time point of final punishment due to the crime of the same kind is very short and the crime was committed to search for the speed of balping a bals, which is not responsible;

It should be punished in light of the fact that the accident occurred during this process, but the accident has caused only minor physical damage as a simple contact accident, and is covered by a comprehensive insurance, taking into account the fact that there is an old-age relationship with dementia, the support relationship between wife and two children, the details of hospitalized treatment due to depression immediately after the crime, and the fact that there is an attitude that the accident will not repeat again.

1. Articles 70 and 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;