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(영문) 대구지방법원 2014.11.27 2014고단4393
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

In the Western Branch of the Daegu District Court on November 25, 2010, the Defendant was sentenced to a fine of one million won or more for a violation of the Road Traffic Act (driving) on November 25, 2010; a fine of four million won or more for the same crime on November 26, 2013; and on December 24, 2013, the Defendant was sentenced to a suspension of the execution of two years for a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents from the Western Branch Branch of the Daegu District Court on December 24, 2013, and is currently under suspension of the execution.

On July 30, 2014, the Defendant, without obtaining a driver’s license at around 01:20 on July 30, 2014, driven C rocketing car within about 10 kilometers from the 10-meter radius to the liber road front of the liberg-gu Office located in Daegu-gun, in the state of the blood alcohol concentration of 0.07%.

Summary of Evidence

1. Defendant's legal statement;

1. The notice of completion of correction, the notice of completion of correction, the driver himself/herself, his/her statement on the current status, and the next inquiry;

1. A driver's license inquiry;

1. Previous convictions indicated in the relevant judgment: An investigation report, and an investigation report, the application of statutes governing the period of suspended sentence;

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 an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that a defendant has been punished twice by a fine due to a drunk driving, and that he/she has done so without being aware of the fact that he/she was under suspension of execution due to a crime of violating the Act on Special Cases concerning the Settlement of Traffic Accidents, and that he/she has done so.

However, the first part of the period of suspension of execution due to the negligence of the defendant's wife and two young children, the defendant's custody of his wife and two young children is the most difficult family's livelihood, and the first part of the period of suspension of execution due to negligence.

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