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(영문) 대구지방법원 2012.12.26 2012고합1268
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 13, 2006, the Defendant issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 13, 2006, and said summary order became final and conclusive on January 4, 2007. On May 14, 2010, the Daegu District Court issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) at the Daegu District Court on May 28, 2010, and without a driver’s license on October 22, 2012, the said summary order was finalized on May 28, 2010.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking-driving and the circumstantial statement of the drinking-driving driver;

1. Copies of the car driving license register;

1. Inquiry reports on criminal records, etc., prosecutor's investigation reports (Attachment of a copy of a summary order), and application of statutes of each summary order;

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. 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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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