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(영문) 대구지방법원 2013.11.07 2013고단5391

도로교통법위반(음주운전)등

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 7, 2008, 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 April 7, 2008, and a fine of four million won for a violation of the Road Traffic Act at the Daegu District Court on July 29, 2013.

On August 26, 2013, the Defendant, without obtaining a driver’s license on August 13:15, 2013, driven B rocketing car at approximately 100 meters in front of the “Mingart” way in the Daegu Water Zone located in the same way as “Mingart,” in the same way as “Fingart,” while under the influence of alcohol by 0.240%.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. The ledger of driver's licenses;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate 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 for punishment (the blood alcohol concentration is very high, but considering the history of punishment, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.