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(영문) 대구지방법원 2013.06.20 2013고단2798
도로교통법위반(음주운전)등
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

At around 23:55 on April 11, 2013, the Defendant, without a driver’s license, driven D1 ton cargo at a section of about 200 meters, from the front of the new plaza in the Daegu Suwon-dong, to the front road of the same location, while under the influence of alcohol of 0.206%.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the driver and the report on detection of the driver;

1. Application of the statutes on the register of driver's licenses;

1. Relevant provisions of Article 148-2 (2) 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;

1. Articles 70 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 driven without a driver's license in a high alcohol level of 0.206% of blood alcohol concentration without a driver's license, and the defendant repeats the crime of this case even though he had been sentenced to a fine three times due to the same criminal record, etc., the responsibility for the crime is unfeasible, the defendant reflects his mistake, the defendant is punished once after the year 2006, the defendant is punished one time as a fine, and the vehicle would not drink or drive without a driver's license again while disposing of the vehicle driving, and the punishment is determined as ordered by the order, taking into account all the factors such as the motive, means and result of the crime of this case, the circumstances after the crime, the defendant's age, character and behavior, and family environment

It is so decided as per Disposition for the above reasons.

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