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(영문) 대구지방법원 포항지원 2016.07.13 2016고단386

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

On April 2, 2012, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court on April 2, 2012, and a summary order of four million won for a crime of violating the Road Traffic Act (drinking driving) at the same court on November 1, 2013.

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on April 8, 2016, the Defendant driven a BM5 car under the influence of alcohol content of 0.104% in alcohol without obtaining a driver’s license from around about 200 meters in the section of approximately 200 meters from the front of the common studio in the south-gu, Y-gu, Y-gu, Seoul to the front of the Dominomian road in the same Dominomian.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the previous judgment and related judgments);

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 a selective fine for punishment (including the reflection of his/her mistake and the fact that there is no record of punishment other than twice the first head of his/her judgment in addition to the previous fine);

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;