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(영문) 대구지방법원 김천지원 2015.08.20 2015고단674
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 June 17, 2009, the Defendant was issued a summary order of a fine of three million won in the Daegu District Court Kimcheon Branch of the Daegu District Court on the violation of the Road Traffic Act (hereinafter referred to as the "Food"). On June 11, 2014, the Defendant was sentenced to six months of imprisonment with prison labor or two years of suspended execution and was sentenced to seven times of suspended execution as of June 19, 2014.

On April 26, 2015, at around 09:25, the Defendant, without a driver’s license, driven a dlearning car from the Defendant’s house located in the Gumi-si in the Gumith City to the front road in the Gumitoluth in the Gumith City from the Defendant’s house located in the Gumitha City to the Gusitoluth City.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on the situation of the driving on the driving on the vehicle, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc., inquiry reports, investigation reports, etc. (attached to judgments, etc.);

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. Selection of a selective fine for punishment (a sentence should be imposed in that it is a crime during the period of suspension of execution due to the crime of the same kind, but there is no serious accident that has caused the crime, and some circumstances may be taken into account in drinking time and driving circumstances, the detention for two months or more due to the crime of the same kind seems to repent one another in depth, and other factors such as the details of the implementation of an order to attend a lecture attached to the judgment on the suspension of execution, the degree of net compliance with probation, and the necessity of nursing for the previous order);

1. Articles 70 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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