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(영문) 대구지방법원 김천지원 2018.10.17 2018고단714
도로교통법위반(음주운전)등
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was sentenced to a summary order of KRW 1.5 million in the Daegu District Court Kimcheon, on July 6, 201, to a fine of KRW 1.5 million in violation of the Road Traffic Act, and to a summary order of KRW 5 million in the fines of KRW 3 million in the crimes of violating the Road Traffic Act on April 30, 2013, respectively. On September 14, 2017, the Defendant was sentenced to a suspended sentence of KRW 6 months in imprisonment for a violation of the Road Traffic Act.

Although the Defendant violated the provision prohibiting driving of drinking alcohol more than twice as above, on June 20, 2018, at around 23:28, the Defendant driven a coo motor vehicle without obtaining a driver’s license in the 1km section of approximately 0.205% alcohol level from the 1km section to the E store front of the E store located in Gumi-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of the driver involved in driving and investigation report, and inquiry into the results of crackdown on the driving of drinking;

1. Registers of driver's licenses and details of revocation of driver's licenses;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts;

(a) Drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Unlicensed driving: Article 152 subparagraph 1 of the Road Traffic Act and Article 43 of the same Act;

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 Road Traffic Act with heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The second sentence of Article 334(1) of the Criminal Procedure Act is the driving of drinking alcohol on the ground of sentencing, and the second sentence is not committed under one year after the suspended sentence of imprisonment was sentenced.

The driver's license was revoked, the alcohol concentration in blood was significantly higher than 0.2%, and even they were born together.

It is possible to know how much the awareness of drinking driving has been weak.

Considering the above circumstances alone, a sentence of imprisonment with prison labor for one year should be imposed.

However, there are 9 suicide, 8 murder and 6 murder.

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