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(영문) 대구지방법원 포항지원 2017.11.30 2017고단1377
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal history] On April 1, 2010, the Defendant was sentenced to a summary order of KRW 3 million for a violation of road traffic law (drinking) at the port branch of the Daegu District Court on April 1, 2010, and a fine of KRW 4 million for the same crime, etc. on October 21, 2015. On November 10, 2016, the Defendant was sentenced to a suspended sentence of two years for imprisonment for the same crime, etc. on November 18, 2016, and the judgment became final and conclusive on November 18, 2016.

[2] Although Defendant 1 was punished twice or more due to driving under drinking, Defendant 2 operated C 125cc motor bicycle riding at a section of about 5 km from the front of the market at the port of port to the road at which the death of the North-gu death at the port of port of port is at least 0.151% under the influence of alcohol without a motor vehicle driver’s license at around 15:00 on October 10, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. The driver's license ledger;

1. Previous convictions in the judgment: Application of a reply to inquiry, a report of investigation (Attachment of the previous convictions concerned and confirmation date of the final judgment);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

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