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(영문) 대구지방법원 김천지원 2017.06.27 2017고단352
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On March 14, 2017, at around 22:05, the Defendant driven a car in Dme, without obtaining a driver's license, in the state of alcohol concentration of approximately 0.152% from a section of about 300 meters, from the front of the C cafeteria located in Kimcheon-si B to the front road of about 64-9, Hancheon-si, Kimcheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving without a license for driving a drinking driver, report on the circumstances of the driver driving a drinking driver, and inquiry into the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to the driving license ledger;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, re-driving the instant vehicle, even though he/she was found to have been drunk and his/her driver’s license was revoked.

The accused already has a record of criminal punishment once against each of the crimes of violation of the Road Traffic Act and the violation of the Road Traffic Act.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is high.

However, the defendant reflects on the crime of this case.

There shall be no history of criminal punishment exceeding a fine.

The above circumstances include equity in similar cases, and all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime, shall be determined as per the disposition.

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