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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1474
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding six million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 29, 2014, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court Kimcheon-cheon branch on January 29, 201, and on October 8, 2014, the Defendant was issued a summary order of KRW 5 million for the same crime in the same court.

On October 30, 2015, the Defendant, without a driver’s license, driven a CM5 vehicle from the section of approximately 200 meters from the front side of a bridge located in the Gu-si in the Gu-si in the Gu-U.S. on October 30, 2015 to the front road of the astronomic5 vehicle located in the same Dong, while under the influence of alcohol content of 0.102%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the situation of driving a driver without a license and driving a driver without a license, the circumstantial statement of the driver with a driver without a license, and the driver’s license ledger

1. Application of an inquiry letter, such as criminal history, and a report on investigation (report on confirmation of the past record of the same type of crime) statute;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);

1. Selection of a selective fine for punishment (the fact that no accident has occurred that has led to an intentional crime, the fact that his/her mistake is seriously reflected in his/her fault, other support relationship for the wife, employment relationship, etc.);

1. Articles 70 and 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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