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(영문) 대구지방법원 포항지원 2018.10.05 2018고정257

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

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


Punishment of the crime

On March 10, 201, the Defendant was issued a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court in Daegu District Court on March 10, 201, and on June 7, 2017, the Defendant was sentenced to a fine of KRW 4 million as a crime of violating the Road Traffic Act (drinking driving) in the same court.

On July 6, 2018, the Defendant driven approximately 50 meters from the front side of the D Hospital located in North-gu C at the port to the front side of the same building under the influence of alcohol content of 0.154% without obtaining a driver's license for a motor vehicle at around 04:30 on July 6, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. The circumstantial report on the driver's statement and the inquiry into the results of crackdown on drinking driving (0.154% of alcohol concentration in blood);

1. Copy of the driver's license ledger;

1. Previous convictions: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment, etc. of the same kind of case);

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

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