beta
(영문) 대구지방법원 의성지원 2013.09.12 2013고단191

도로교통법위반(음주운전)등

Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 28, 2010, the Defendant issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (driving) at the Chuncheon District Court's original branch on July 28, 2010, and a summary order of KRW 4 million as a crime of violating the Road Traffic Act (driving) at the Cheongju District Court's Chungcheong Branch on March 16, 2012.

On May 21, 2013, at around 22:05, the Defendant driven B truck under the influence of alcohol content of 0.103%, without obtaining a driver’s license in a section of about 20 km from the front of a cafeteria in front of a commercial unfluent restaurant in the Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-do, Chungcheongnam-si to the front of the Chungcheong City to the 20km in front of the Chungcheong City, and driving B truck with a blood alcohol content of 0.10%.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control, and the register of driver's licenses;

1. Before judgment: References to criminal records and investigation reports, and the application of 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. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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.