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(영문) 대구지방법원 2015.05.13 2015고정472
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal power] On December 31, 2012, the Defendant issued a summary order of KRW 1.5 million to the Daegu District Court for a violation of the Road Traffic Act (driving). On June 26, 2013, the same court issued a summary order of KRW 2 million to the same crime. On October 16, 2014, the same court was sentenced to eight months of imprisonment for fraud and the judgment became final and conclusive on January 23, 2015.

【Criminal Facts】

1. On August 30, 2014, at around 22:09, the Defendant driven a vehicle of about 5km from the front day of Daegu Water-gu B without a driver’s license to the front day of the relevant 881-7, Daegu Water-gu, Daegu Water-gu, without a driver’s license.

2. The Defendant is a person who has violated the Road Traffic Act (driving) provisions under the influence of alcohol not less than twice as stated in the judgment, such as criminal records. The Defendant driving a vehicle with a 10-meter hurfed from the front of the water point of view, while under the influence of alcohol not less than 0.080% of the blood alcohol concentration in the temporary border like the preceding paragraph.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal history records, investigation reports (written inquiry of the results of sound driving), each judgment, and the application of Acts and subordinate statutes on the screen of the fixed date of inquiry of kics case;

1. Relevant Article 152 subparagraph 1 of Article 152 of the Road Traffic Act, Article 43 of the Road Traffic Act, Article 148-2 (1) 1 of the Road Traffic Act, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of running a sound driving);

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 6 of the Criminal Act (Concurrent Crimes under the latter part of Article 37 of the Criminal Act);

1. The latter part of Articles 37 and 39 (1) of the Criminal Act dealing with concurrent crimes (joint crimes in which judgment has become final and conclusive);

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

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

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