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(영문) 대구지방법원 서부지원 2013.10.01 2013고단588 (1)
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won shall be paid.

Reasons

Punishment of the crime

On February 1, 2010, the Defendant issued a summary order of KRW 2 million for a fine of KRW 1 million for a violation of the Road Traffic Act (driving without a license) at the Seogu District Court Branch Branch on the same support on June 9, 2010, a summary order of KRW 1 million for a violation of the Road Traffic Act (driving without a license) from the same support on September 9, 201, and a summary order of KRW 1.5 million for a violation of the Road Traffic Act (driving without a license) from the same support on September 9, 2011, respectively. On the same support on January 11, 2013, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (domination) from the same support on January 11, 2013, and for a violation of the Road Traffic Act (driving without a license).

On April 8, 2013, at around 22:40, the Defendant driven a Crane car with a blood alcohol content of about 0.058% under the influence of alcohol without obtaining a driver’s license from the front of a restaurant in which it is impossible to identify the trade name in the Gaero, Daegu-gun, Daegu-gun, to the front road in the Gaero, Daegu-gun, Daegu-gun, Seoul-do.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous convictions: Inquiries, copies of judgments, and the application of a copy of each summary order under Acts and subordinate statutes;

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 [the nature of the instant crime is not good in view of the fact that the instant crime was committed during the period of suspension of execution (the judgment of suspension of execution became final and conclusive, and the period of suspension of execution has not yet passed three months) due to the same type of crime, but it is against the fact that the amount of drinking is relatively low, and that the fact of the instant crime was found to be erroneous.

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