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(영문) 대구지방법원 의성지원 2016.01.14 2015고단189
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On September 21, 2009, the Defendant was sentenced to a fine of two million won due to a violation of road traffic law (driving alcohol) in the gender support by the Daegu District Court on September 21, 2009, and was sentenced to a fine of two million won due to the same crime in the same court on December 9, 2010.

On September 27, 2015, the Defendant driven a C 1 ton cargo vehicle under the influence of alcohol content of about 0.217% while under the influence of alcohol without a vehicle driver's license at a section of about 15km, which is around the first road for the welfare of the Cheong-gun, Cheong-gun, Chungcheongnam-gun, and the front road for the welfare of the Cheong-gun, Cheong-gun, Cheong-gun, the Defendant was under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and report on the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

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 a fine to choose a sentence (to select a fine in consideration of the fact that the defendant again committed the instant crime during the period of suspension of execution due to a crime of violating the Traffic Act (non-licenseed driving), and that the amount of alcohol concentration in blood is also very high, but there was no record of being sentenced to a suspended execution or a heavier punishment with respect to the crime of violating the Traffic Act on the road, and that he/she repeated the crime at around five years after 2010);

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;

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