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(영문) 대구지방법원 김천지원 2016.02.18 2015고단1311
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding nine million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 31, 2013, the Defendant issued a summary order of KRW 5,000,000 for a fine for a violation of road traffic law (drinking driving), etc. in the Daegu District Court Kimcheon-cheon Branch, and on October 8, 2014, the Defendant issued a summary order of KRW 4,00,000 for a fine for a violation of road traffic law (drinking driving).

On October 15, 2015, the Defendant driven DK7 automobiles under the influence of alcohol content of 0.131% while under the influence of alcohol without obtaining a driver’s license from the front side of the Tongdodo in which it is impossible to find out the trade name in the Gu, Si, Si, Si, sidong from the front side of the Dongdodododo in which it is impossible to identify, to the front side of the house local in the Gu, Si, Si, Gu, and Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a driver’s license (=non-driving), report on the circumstances of the driver’s license, the register of driver’s license, and details of cancellation of driver’s license;

1. Application of a reply to inquiry, such as criminal history, and the application of a summary order under Part II of the Act and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Acts of transportation with heavy punishment);

1. Selection of a fine for selective punishment (as long as a person commits a crime again after being punished for committing an offense in 2014 after causing an ordinary accident among multiple victims who are driving in the state of 2012 and being punished for a second offense in the year of 2014, it shall be sentenced to strict punishment. However, there is no accident that has resulted in the crime committed in the judgment, the fact that there is no accident that has occurred in the course of committing the crime, the fact that the person's mistake is divided in depth and not re-offending is taken into account, and other circumstances of the criminal record, family relationship, workplace relationship, home situation, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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