logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2014.04.04 2012고합532
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On April 26, 2012, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) at the Daegu District Court, etc. on October 4, 2012, and the judgment became final and conclusive on May 4, 2012. On May 17, 2012, the Defendant received a summary order of KRW 3 million from the same court as a fine for a violation of the Road Traffic Act (driving) and the order became final and conclusive around that time.

【Criminal Facts】

On April 22, 2012, at around 23:24, the Defendant driven C New-Vora car under the influence of alcohol content of about 0.064% without a vehicle driver’s license, from around 1km to the front side of the secondary apartment located in the same city-ro dong, where it is difficult to identify the trade name in the middle-sea Gyeongdong in the city-si of Gyeonggi-do, the Defendant driven C New-Va car without a vehicle driver’s license.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver and a circumstantial report on the host driver;

1. Registers of driver's licenses;

1. Previous records: Criminal history records, etc. inquiry reports, previous records of dispositions, results of confirmation, and application of each investigation report (not before and after a suspect, or judgment), and application of Acts and subordinate statutes;

1. Article applicable to criminal facts;

(a) A point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Point of driving without a license: Subparagraph 1 of Article 152 and Article 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. The latter part of Article 37 and the former part of Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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 of the provisional payment order not only committed three times or more for eight months, but also committed the crime of this case while being prosecuted and tried for a drunk driving, etc., the revision of the Road Traffic Act has strengthened punishment for a drunk driving, the fact that the drinking value of this case has not been high, and the crime of violation of the Road Traffic Act of which judgment has become final and conclusive.

arrow