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(영문) 대구지방법원 서부지원 2015.04.10 2015고정88
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On June 7, 201, the Defendant was issued a summary order of KRW 2.5 million for a crime of violation of the Road Traffic Act in the Seo-gu District Court’s branch branch on June 7, 201, and on April 21, 201, the Defendant was issued a summary order of KRW 1 million for the same crime at the same court on April 21, 201, and three times of the same record.

In addition, on March 26, 2015, the Defendant was sentenced to 6 months of imprisonment, 2 years of suspended execution, etc. by the Daegu District Court on March 26, 2015 (2015Kadan281), and the above judgment is the same.

4. 3. The decision was finalized as is.

【Criminal Facts】

On November 22, 2014, at around 22:35, the Defendant driven B Poter cargo under the influence of alcohol concentration of 0.161% without obtaining a driver’s license in approximately 1km section from the front road of Squaco in Seo-gu, Daegu to the front road of Jung-gu, Seo-gu, Seo-gu to the middle-gu, Jung-dong.

Accordingly, the Defendant, who violated Article 44 (1) of the Road Traffic Act not less than twice without a driver's license, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Registers of driver's licenses and details of cancellation thereof;

1. Previous records of judgment: Criminal records, etc., inquiry reports, investigation reports (Attachment to previous records and copies of summary orders), and application of statutes governing judgment;

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;

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

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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