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(영문) 대구지방법원 2020.09.18 2019고단2294
도로교통법위반(음주운전)등
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

1. Around 13:30 on April 14, 2019, the Defendant driven CSM vehicles without a vehicle driver’s license within a section of approximately seven kilometers from the road in front of the Daegu Southern-gu, Daegu-gu to the front of a restaurant near the Dong-dong in the same Dong-gu.

2. A person who has been sentenced to a fine of KRW 1.5 million by the Daegu District Court on June 10, 2009 and a fine of KRW 4.5 million by the same court on December 31, 2009.

On April 14, 2019, at around 14:10, the Defendant driven CSM vehicles in the state of alcohol for about 0.054 percent of blood alcohol concentration without a vehicle driver’s license at a section of approximately one kilometer from the street in front of a restaurant in the vicinity of the Mando Park in Daegu-gu, Daegu-gu, to the right side of the enzed bridge.

Summary of Evidence

1. The report of the police interrogation protocol against the accused on the suspect himself/herself, the investigation report (the report on the status of the drinking driver), the investigation report, the inquiry into the records of the drinking driving control, the license, and the next inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

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

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. The grounds for sentencing are as follows, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission of the commission.

. Illegality;

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