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(영문) 대구지방법원 2014.01.23 2013고단6238
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On September 1, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Ulsan District Court on September 1, 2009, and a fine of three million won for a violation of the Road Traffic Act at the Ulsan District Court on August 29, 2012.

On October 15, 2013, the Defendant, without a driver’s license, driven a ecoo vehicle from around 10 meters to around 10 meters in front of a restaurant located in the Sinsan-Eup, with a level of alcohol level of 0.104%, while under the influence of alcohol level of 0.104% in blood.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and on the circumstances of drinking drivers;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, investigation reports (the previous records and confirmation reports of a suspect) and Acts and subordinate statutes;

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. 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 as follows: (a) the defendant was punished four times by a fine due to drinking, unlicensed driving, and one-time suspension of execution; (b) the defendant committed the crime in this case immediately immediately after the suspension of execution due to driving without a license; (c) the crime in this case is committed; (d) the defendant committed the crime in this case; (d) the defendant reflects his mistake; (d) the defendant disposed of the vehicle; (e) the vehicle driving is short; and (e) the distance of the vehicle driving is short; and (e) other various sentencing conditions such as the defendant's age, character

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