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(영문) 대구지방법원 포항지원 2016.01.14 2015고단1118
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On February 18, 2008, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court on February 18, 2008. On August 20, 2015, the Defendant was sentenced to a suspended sentence of 2 years for imprisonment with prison labor for the same crime in the same court.

[2] While Defendant 1 had been punished twice or more as a crime of violating the Road Traffic Act (driving of Drinking), Defendant 2 driven a vehicle with a volume B 200 meters from the front day of the road in front of the mountain restaurant located in the same port and port from the front day of the port at the port, while under the influence of alcohol of at least 0.058% in blood during the influence of alcohol at around September 27, 2015 without obtaining a driver’s license of a motor vehicle on September 27, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (the previous conviction in the same case and confirmation);

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. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving, shall be punished, but the selection of a fine shall be made);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The defendant has been punished twice due to a crime that contains drinking, etc., while the crime of this case was committed under the influence of the suspension of execution due to drinking, etc., which was low during the grace period, the crime of this case does not cause a traffic accident due to a simple drinking or a non-licenseless driving, and the defendant is all the criminal records subject to a fine for one time due to a non-licenseless driving except for two criminal records which include driving of drinking, and the number of criminal records is not high.

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