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(영문) 대구지방법원 서부지원 2013.12.18 2013고정1261
도로교통법위반(음주운전)등
Text

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

Where a defendant fails to pay a fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 1, 2013, at around 18:30, the Defendant driven a B motorcycle under the influence of alcohol content of 0.272% without obtaining a driver’s license from the front of the restaurant in which it is impossible to know the trade name in the Seowon-Eup, Seowon-gu, Daegu-gun, Daegu-si, to the front day of the 500-meter radius from the road in the 500-meter radius, the Defendant driven a B motorcycle with alcohol content of 0.272%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the status of the driver;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant provisions of Article 148-2 (2) 1, Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense, and subparagraph 2 of Article 154 and Article 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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Examining the criminal records of the defendant's violation of the Road Traffic Act on the grounds of sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order, at the Daegu District Court on March 6, 2000, a fine of two million won was imposed for the crime of drinking under the influence of alcohol at the Daegu District Court on June 26, 200, a fine of two million won was imposed for the crime of drinking under the same court on May 1, 2007, and a fine of two five million won was imposed for the crime of refusing to measure drinking under the influence of alcohol at the same court on May 1, 2007, and on January 12, 2012, a punishment was imposed for one year for the crime of drinking under the influence of alcohol and the violation of the Aggravated Punishment

The character and conduct of a defendant, the revised Road Traffic Act, which is revealed in a large number of criminal records as above, provides that a criminal defendant shall be punished strictly by increasing the statutory penalty for the crime of drunk driving, and the balance with many sentencing precedents applied by the revised Road Traffic Act shall be considered: Provided, That the punishment as ordered shall be determined in consideration of the financial situation of the defendant's difficulty.

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