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(영문) 대구지방법원 경주지원 2013.11.26 2013고단517
도로교통법위반(음주운전)등
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

【Criminal Power】 On February 14, 2008, the Defendant was sentenced to imprisonment with prison labor for 4 months or 2 years of suspended execution, with prison labor for a violation of the Road Traffic Act, in the Daegu District Court and racing support, and was sentenced to six months of imprisonment with prison labor for the same crime in the same court on July 23, 2008.

【Criminal Facts】 The Defendant was a person who has been in violation of Article 44(1) of the Road Traffic Act more than twice, and was driving B Pool cargo under the influence of alcohol concentration of 0.278% without a vehicle driver’s license within a three-meter radius from the side of the Yellow-dong Racing High School on August 6, 2013 to the Seocheon-dong, Seocheon-dong, East-dong, Simk-si. to the same hour.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. The driver's license ledger;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type of electric records, etc.);

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

1. Selection of a selective fine for punishment (number of concurrent criminal records, but all of them have been five years prior to the time of the crime in this case, and reflective points, etc.);

1. Articles 70 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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