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(영문) 대구지방법원 김천지원 2016.09.06 2016고정257
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives B's low-income motor vehicle.

1. On March 13, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon-do branch on the same support on September 9, 2009, a fine of two million won for a violation of the Road Traffic Act (driving) and a fine of three million won for a violation of the Road Traffic Act (driving) in the same support on May 27, 2015, respectively.

Nevertheless, in violation of the same Act more than three times, more than 04:50 on March 26, 2016, the said car was driven under the influence of alcohol of about 200 meters at a distance of about 0.096% in blood alcohol concentration at the front of the 2nd complex of the Dong-gu Bupyeong-dong, Bupyeong-dong, Bupyeong-gu, Seoul, about 04:50 on the same day.

2. On March 26, 2016, around 04:50, a person driving the said vehicle without a driver’s license at approximately 200 meters distance from the parking lot for the 2nd apartment complex in the Bupyeong-gu, Bupyeong-dong, Bupyeong-gu, Seoul, to the front road of the said 2nd apartment complex.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the state of drinking drivers, the results of the control of drinking driving, the register of driver's licenses, the disqualified inquiry into the main office, and the timely inquiry;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) and 1, 44 (1) of the Road Traffic Act (a point of sound driving) concerning the selection of a punishment, and subparagraphs 1 and 43 of Article 152 of the Road Traffic Act;

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

1. Selection of each alternative fine for punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant alleged that he/she had driven without any choice due to the symptoms of his/her heart color at the time of the crime of this case, but it is difficult to see that he/she had to drive himself/herself in his/her own under his/her influence in his/her influence of alcohol despite other means of transportation; the defendant has a history of punishment several times for the same crime; the defendant's age, character and conduct, environment, motive, means and consequence of the crime.

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