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(영문) 대구지방법원 경주지원 2017.03.16 2017고정15
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 10, 2016, the Defendant was sentenced to imprisonment for one year with prison labor for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the Daegu District Court and racing support, and the said judgment became final and conclusive on August 18, 2016.

In addition, on September 5, 2006, the defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the Daegu District Court and racing support on September 5, 2006, and on May 16, 2008, the defendant was sentenced to a fine of two million won or more for a violation of the Road Traffic Act (driving) and a violation of the Road Traffic Act (licensed driving) in the same court on May 16, 2008.

On February 13, 2015, at around 03:25, the Defendant driven a small-scale car under the influence of alcohol content of 0.151% of alcohol while under the influence of alcohol without a driver’s license from the street in front of the Dongcheon-dong, Dongcheon-dong, Dongcheon-si to the underground road in front of the Dongcheon-dong, Dongcheon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Report on the driver's license ledger, vehicle inquiry, detection report, circumstantial report on the driver's license at home, and notification of the results of crackdown on drinking;

1. Previous convictions: A written reply to inquiry, such as criminal history, report on investigation (Attachment of previous rulings related to the previous history and rulings of recent suspension of execution), application of the defendant's statutory statement statutes;

1. Article 148-2 (1) 1, Article 44 (1), subparagraph 1 of Article 152, and Article 43 of the Road 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. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

1. Article 53 and Article 55 (1) 6 of the Criminal Act for Reduction of Quantity [ Various extenuating circumstances, such as the fact that the defendant is breaking his/her mistake in depth and was able to be tried together with a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes in the first head of the crime that became final and conclusive in the judgment];

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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