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(영문) 대구지방법원 서부지원 2015.05.14 2015고단297
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 March 26, 2013, the Defendant was sentenced to a summary order of a fine of five million won for a violation of the Road Traffic Act (driving) at the Seo-gu District Court’s Branch Branch, etc., and on January 28, 2014, at the Daegu District Court’s Branch Branch, the Defendant was sentenced to the suspension of the execution of two months for a term of imprisonment for a term of a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (Free Driver) and the said judgment was finalized on February 5, 2014.

【Criminal Facts】 On December 31, 2014, at around 22:25, the Defendant driven a vehicle with C Sti-type in the section of about 100 meters from the road front of the atomic distance near the original city in Daegu-gu to the road front of the original city in the same Dong without obtaining a driver’s license under the influence of alcohol level of 0.119%.

Accordingly, even though the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, he again driven a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the statement of the situation of a drinking driver, each report on the results of crackdown on drinking driving, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other 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;

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 the case where the defendant was sentenced to a suspended sentence of imprisonment for the same kind of crime, and the crime of this case was committed during the suspended sentence period.

However, the fact that the defendant confessions all of the crimes and reflects his depth, and sells the automobiles operated after the crime of this case.

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