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(영문) 대구지방법원 2014.02.13 2013고단5892
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

Criminal power is a person who had been sentenced to a fine of one million won by the Daegu District Court on April 11, 2007 due to a violation of the Road Traffic Act, and is sentenced to one year of imprisonment and two years of suspended execution by the Daegu District Court on May 3, 2012.

Criminal facts

On October 2, 2013, the Defendant, without a driver’s license on October 21, 2013, driven a Dakni vehicle from around 120 meters away from the 120-meter radius to the roads following the Livestock Sanitation Research Institute located in the Daegu Northern-dong, and driving a Doknni vehicle, without a driver’s license on October 2, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of the driving of a motor vehicle;

1. Inquiry into the result of the crackdown on drinking driving;

1. Statement in the circumstances of an employee;

1. Previous records: Application of Acts and subordinate statutes to inquiries into criminal records, etc. and investigation reports (a copy of a summary order, etc. of the relevant case);

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. Although the criminal defendant's responsibility for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order is one of the reasons for sentencing, the punishment is determined as ordered by taking into account all the normal materials revealed in the trial process, such as the fact that the defendant disposed of the vehicle and did not reach a second offense; the defendant committed an act of driving on behalf of the defendant but did not find the location of the substitute driver; the driving distance of the vehicle is relatively short; the driving distance of the vehicle is relatively short; the defendant's health condition, etc.

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