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(영문) 대구지방법원 김천지원 2015.06.18 2015고단346
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On August 29, 2013, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch on August 29, 2013, and on March 26, 2014, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act (driving) by the same court on March 26, 2014

4. 3. A person who is still under probation, and has violated the provisions on prohibition of drinking under the Road Traffic Act not less than twice.

1. On March 17, 2015, the Defendant: (a) around 00:34 on March 17, 2015, the Defendant driven a Clearning car under the influence of alcohol content of about 0.102% without a driver’s license on a section of approximately 700 meters from the front day of the Gu-U.S. Sim-si on March 17, 2015 to the front day of the dong name car maintenance in the same region.

2. On March 17, 2015, the Defendant, around March 22, 2015, driven a vehicle in the preceding paragraph without a vehicle driver’s license on the two-lane section from March 17, 2015, on the front side of the PNK industry located in the mountain-dong in the Sinsi-si, Sinsi-si, Sinsi-si, to the lower end of the road.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of driving without a license, report on the situation of operating without a license, the status of operating without a license, the register of driver's licenses, and investigation report (report on attachment of DNA record of reference witnesses);

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports on the same type of crime records);

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

1. Articles 40 and 50 of the Criminal Act of the ordinary concurrent crimes (the crimes of violation of the Road Traffic Act and the crimes of violation of the Road Traffic Act (unlicensed Operation) under paragraph (1) of the judgment, and the punishment specified for the preceding crimes of which punishment is grave);

1. The decision is made by purchasing the vehicles indicated in the name of the wife without a driver's license in 2012 after the license was revoked due to the refusal of drinking alcohol measurement in 2010 of each selective fine for punishment.

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