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(영문) 대구지방법원 김천지원 2017.07.18 2017고단375
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

[criminal history] On April 27, 2015, the Defendant was issued a summary order of KRW 3 million for a crime of violating the Road Traffic Act (drinking driving) at the Seogu District Court’s Branch Branch, and on October 28, 2016, the Defendant was sentenced to a fine of KRW 7 million for a crime of violating the Road Traffic Act (drinking driving).

[2] Although Defendant 1 committed a crime of violation of the Road Traffic Act (drinking) on at least two occasions, Defendant 2 driven B cambing-off cargo at approximately 0.072% of alcohol concentration in blood without obtaining a driver’s license from the front side of the park located in the Gu-si, Jin-si, Jin-si, Seoul, about 04:35 on October 9, 2016 to the front side of 15-5, Gu-Si, Gu-si, Do-si, Do-si, Do-si, 19:5.

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 a reply to inquiry, such as criminal history, report on investigation (the identity of the previous convictions), previous convictions and results of confirmation of the previous convictions;

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 Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has already been discovered twice due to drinking driving and the driver’s license was revoked, committed the instant crime.

The Defendant was sentenced to imprisonment with prison labor for a crime of this kind and completed the execution thereof, and committed the instant crime only one month.

However, the defendant recognized the crime of this case and re-reconvened.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.

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