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(영문) 대구지방법원 2018.07.18 2018고정576
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on September 11, 2007, is a person who drives drinking at least twice after receiving a summary order of KRW 1 million for a crime of violating the Road Traffic Act, and on August 31, 2017, the same court issued a fine of KRW 3 million for the same crime.

On April 3, 2018, the Defendant driven B Poter trucks under the influence of alcohol content of about 0.122% in blood while under the influence of alcohol without obtaining a driver's license from around the 1km section from the front of the Taesung-gu Gyeongdong to the same Dogsan-dong in the same Gu.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. The driver's license ledger;

1. Previous conviction: Application of a written inquiry about criminal history and other Acts 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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two times as a crime of violating the Road Traffic Act, the fact that the defendant has been punished once as a crime of violating the Road Traffic Act, the fact that the defendant's blood alcohol concentration in his blood is high, the defendant's age, sexual behavior, environment, motive and circumstances after the crime, etc., and the sentencing conditions indicated in the records shall be determined as indicated in the order.

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