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(영문) 대구지방법원 김천지원 2016.08.10 2016고단383
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 15, 2010, the Defendant was sentenced to a summary order of a fine of two million won for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and on November 25, 2015, the Defendant was sentenced to a suspended sentence of two or more times for a crime of violating road traffic law in the same court on November 25, 2015.

On February 25, 2016, at around 00:05, the Defendant driven a C rocketing car under the influence of alcohol content of about 0.060% without obtaining a driver’s license from a section of about 10km, which was located in the Kimcheon-si, Kimcheon-si, to the road before the formation box of the composition of the same city, which is in the ordinary principles of the composition of the city.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: Application of an inquiry letter, such as criminal history, and an investigation report (the majority of criminal records related to driving of a suspect)-related Acts and subordinate statutes;

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. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act is a serious crime that causes danger to the life and body of himself/herself and others, and the revised Road Traffic Act strengthens criminal punishment by raising the statutory punishment for such crime, and has the record of being punished several times due to the same kind of crime. In addition, the crime of this case was committed again without being aware of even though it was during the period of suspended execution due to the same kind of crime, and there is a high possibility of criticism for the police's inspection of the vehicle at the time of this case to escape, etc.

However, the defendant is the case.

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