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(영문) 대구지방법원 경주지원 2017.10.25 2017고단272
도로교통법위반(음주운전)등
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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

[criminal history] On June 12, 2002, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violating road traffic law (unlicensed driving) at the port branch of the Daegu District Court, and on January 20, 2016, the Defendant was sentenced to a suspended sentence of one year and six months and is currently under a suspended sentence.

[Criminal facts]

1. On April 14, 2017, the Defendant was driving a D-free car without obtaining a driver’s license from the flusium front of flusium located in the north-gu, Do-ro, 97, Northern-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si,

2. On April 16, 2017, the Defendant violated the Road Traffic Act (drinking driving) and the Road Traffic Act (drinking driving without a license) driving a DNA-breaon car, without obtaining a driver’s license, at the section of about 15km from the front of the Seoul Arts Center located in the Dongcheon-dong-si to the front of the Seoul Arts Center located in the racing-si. In addition, the Defendant driven a DNA-breaon car with a alcohol concentration of about 0.185% while under the influence of alcohol in the blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the occurrence of any suspected violation of traffic laws (driving and driving without a license), notification on the results of regulating the driving of alcohol, report on the state of the driver who takes driving, and the register of driver's licenses;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report on investigation (verification of the facts during the suspended execution period due to the same type of crime);

1. Article 148-2 (2) 2, Article 44 (1) of the Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of driving without a license) concerning each of the relevant facts constituting an offense;

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

1. Selection of each alternative fine for punishment;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

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