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(영문) 대구지방법원 김천지원 2017.11.22 2017고단1243
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

On June 21, 2017, the Defendant was sentenced to four months of imprisonment with prison labor and two years of suspended execution on June 29, 2017 in the Daegu District Court Kimcheon, and the judgment became final and conclusive on June 29, 2017.

Criminal facts

On March 8, 2016, the Defendant was sentenced to a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon Branch, and on June 21, 2017, the Defendant was sentenced to imprisonment with prison labor for 4 months and suspension of execution for the same crime.

Although the Defendant had been driving force twice as above, on June 3, 2017, at around 05:30 on June 3, 2017, the Defendant driven CM5 vehicle while under the influence of alcohol with about 0.125% alcohol concentration in the blood without obtaining a driver’s license from the front of the pota cafeteria cafeteria, which is in the upper end of the upper end of the 704-1 in the same city of the same time, to the front of the string cafeteria cafeteria 704-1 in the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment of judgment, etc.);

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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the Defendant violated the prohibition on driving of the previous drinking in this case twice, and in particular, even though he/she was under trial due to a violation of the Road Traffic Act as stated in the first head of the judgment, he/she re-driving of the previous drinking, and that the drinking value is high, etc.

However, the intention of the defendant is to recognize and reflect the error, and not to drive the vehicle by selling it.

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