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(영문) 대구지방법원 서부지원 2015.07.23 2015고단993
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

【Criminal Power】 On September 4, 2014, the Defendant was sentenced to nine months of imprisonment with prison labor for special obstruction of performance of official duties, etc. at the Daegu District Court on September 30, 2014, and completed the enforcement of the sentence at the Daegu District Court on September 30, 2014; the Defendant was punished by a fine of KRW 1.5 million on November 22, 2013; and the Defendant was punished by a fine of KRW 7 million on November 19, 2013 at the same court as of November 19, 2013; and was punished by a fine of KRW 7 million on the ground of a violation of the Road Traffic Act. The same criminal power is six times.

【Criminal Facts】 On May 7, 2015, the Defendant was under the influence of alcohol with a blood alcohol level of 0.248% without obtaining a driver’s license on May 7, 2015, and the Defendant was driving Crecing cars at a section of about 20 meters from the front of the Dansan-si Hansan Hansan-gun to the front of the GS convenience store located in the same Ri.

Summary of Evidence

1. Defendant's legal statement;

1. A written prosecutorial statement concerning the accused;

1. Statement on the result of crackdown on drinking driving, and a statement on the state of drinking drivers;

1. Statement on driver's license, and details of disposition for cancellation of driver's license;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal records, investigation reports (a confirmation before and after disposition, and report on attachment of judgment), number of days and current status of confinement;

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;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant was punished more than 60 times for the same kind of crime, and in particular, even though he was sentenced to imprisonment due to a special obstruction of performance of official duties in the immediately preceding year, the criminal liability is very heavy in that he/she committed each of the crimes of this case during the period of repeated crime.

Provided, That the defendant shall make a confession of the crime and not repeat the crime.

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