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(영문) 대구지방법원 안동지원 2018.01.23 2017고단368
도로교통법위반(음주운전)등
Text

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

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

Reasons

Criminal facts

On June 1, 2017, at around 22:00, the Defendant driven B Poter truck under the influence of alcohol concentration of about 0.145% without obtaining a driver's license from approximately 1.5km to the front road of the Chuncheon elementary school located in the same 3rd side of the same side, from the roads front of the west-gun of the Dong branch located in the west-gun of the Gancheon-gun, Gancheon-gun, Gancheon-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries into the ledger of driver's licenses and the main office;

1. Article 148-2 (2) 2, Article 44 (1) (the point of drinking), Article 152 (1) and Article 43 of the Traffic Act concerning facts constituting an offense;

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

1. Selection of an alternative fine for punishment;

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

1. Circumstances favorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment: The defendant recognizes his/her mistake and reflects his/her mistake, and again does not drive drinking or unauthorized driving.

There are many things.

There is no criminal history exceeding the fine for the defendant.

In 2014, the Defendant was subject to a fine of KRW 3 million due to a violation of the Road Traffic Act (drinking driving), and the driver’s license was revoked, but again, the Defendant was driving without a license for drinking in this case.

In addition, the punishment shall be determined as ordered in consideration of the sentencing conditions shown in the records and pleadings, such as the age, sex, environment, motive and consequence of the crime, and circumstances after the crime.

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