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(영문) 대구지방법원 2014.10.16 2014고단4112
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

The defendant was sentenced to a summary order of a fine of 500,000 won for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon on January 30, 2009, and on May 13, 2014, in the Daegu District Court's resident support on May 13, 201, the defendant was sentenced to two years of suspension of execution for one year of imprisonment for a violation of the Registration of Credit Business, etc. and Protection of Financial Users Act, and the decision became final and conclusive on May 21, 2014.

(Criminal Facts of Crimes) On August 7, 2014, at around 21:25, the Defendant driven C Ecoo motor vehicles with approximately KRW 1 k-m section from the front of the Dom Zak cafeteria in the Daegu-gu, Daegu-gu, to the front road of the mother 1st apartment in the same new-dong, while under the influence of alcohol with approximately 0.130% of alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the report on the situation of drinking drivers;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (a summary order of the same kind of power and report on attachment of the suspended sentence to the judgment);

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant has been punished once by a fine for drunk driving in 2009, and that the defendant committed the crime of this case during the period of suspended execution due to this type of crime, and the liability for such crime is not less complicated.

However, in light of the fact that the defendant sells a driver's vehicle against his/her will and does not repeat again, 5 years have passed since he/she committed a second offense during the period during which he/she committed a second offense, the first crime during the period during which he/she committed a second offense, the defendant's age, character and conduct, family relationship, family environment, circumstances after the crime, etc., the sentencing conditions specified in the records of this case shall be determined by a fine and the sentence as ordered.

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