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(영문) 대구지방법원 안동지원 2012.11.23 2012고합146
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 23, 2008, the Defendant was sentenced to a suspended sentence of six months for a crime of violation of the Road Traffic Act in the Sung-nam Branch of Suwon District Court for the Defendant, and was sentenced to a suspended sentence of two years for eight months on October 11, 201, and was sentenced to a suspended sentence of two years on October 19, 201 for a crime of violation of the Road Traffic Act in the Tae-dong Branch of the Daegu District Court for the purpose of violation of the Road Traffic Act.

On August 31, 2012, the Defendant, without obtaining a motorcycle driver’s license on August 13:46, 2012, driven DNA in approximately 100 meters from the Defendant’s house located in the permanent residence B through the “C” in B, while under the influence of alcohol of 0.082%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports, and statutes;

1. Relevant statutory driving for a crime: Article 148-2 (1) 1 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act that may pose a fatal damage to the life and property of a person who is not only his/her own but also another person, and the current Road Traffic Act provides that a person who has violated the prohibition of drinking driving two times or more shall be punished more strictly in cases of driving under the influence of alcohol.

Although the defendant had been punished for drinking and driving without a license for more than 10 times during the period of suspension of execution, he/she is also under drinking and driving without a license during the period of suspension of execution.

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