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(영문) 대구지방법원포항지원 2020.10.27 2020고단1158
도로교통법위반(음주운전)등
Text

The sentence against the accused shall be 12,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[Criminal Power] On December 20, 2019, the Defendant was issued a summary order of KRW 6 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court.

【Criminal Facts】

At around 02:42 on August 18, 2020, the Defendant driven a fwing 3 truck under the influence of alcohol alcohol concentration of 0.088%, without obtaining a driver's license, from the front of the other branch of Cbank in South-gu Cbank B to the front road of the E elementary school located in the same Gu D at approximately 500 meters.

As a result, the Defendant violated the prohibition of drunk driving more than twice, and at the same time, operated without a license.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, report on the circumstances of drinking drivers, and the register of driver's licenses;

1. Previous convictions in judgment: Application of criminal records and summary order Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 1 of Article 152 of the Road Traffic Act, and Article 43 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of a selective fine for punishment (this case's driving is not caused by traffic accidents, and it shall be taken into account that there is no same criminal record as a fine for a drunk driving, other than a fine imposed once due to a drunk driving, nor has no record of being sentenced to suspended sentence

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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