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(영문) 대구지방법원 경주지원 2021.01.06 2020고단520
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 12, 2019, the Defendant was issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act by the Daegu District Court.

On December 23, 2019, at around 21:07, the Defendant driven a DMW car under the influence of alcohol content 0.065% while under the influence of alcohol while driving the DMW car without obtaining a driver’s license from the front day of the trade influent main points in the PPdong in the racing-si to the front day of the C cafeteria in the same city.

As a result, the Defendant, who was in violation of the prohibition of drinking driving under the Road Traffic Act, was driving a motor vehicle without obtaining a driver's license in a drunken state in violation of the prohibition of drinking driving.

Summary of Evidence

1. The defendant's legal statement report on the situation of the driver who is placed in driving, the report on the situation of the driver who is placed in driving, and the notification of the result

1. License register and next inquiry;

1. Previous convictions in judgment: A written reply to inquiry, such as criminal history, report on investigation (a), confirmation of the same criminal records and records of punishment against the suspect, and attachment of judgment, etc.), application of summary order statutes;

1. According to Articles 148-2(1) and 44(1)(2) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020; hereinafter “former Road Traffic Act”), Article 152 subparag. 1, and 43 of the former Road Traffic Act concerning criminal facts, the selection of a fine for selective punishment under Articles 40 and 50 of the former Road Traffic Act,

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

1. The punishment as ordered shall be determined by taking into consideration the previous convictions for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the numerical density of alcohol during blood, the distance of driving of alcohol, etc.; and

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