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(영문) 대구지방법원 2017.04.27 2017고단437
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 March 9, 2010, the Defendant was notified of a fine of KRW 3.5 million due to a violation of road traffic law (drinking driving) by the Daegu District Court. On March 6, 2015, the Defendant was notified of a fine of KRW 5 million by the same court as the same crime.

[2] The Defendant: (a) committed a violation of Article 44(1) of the Road Traffic Act on at least two occasions; (b) driven a C motor vehicle under the influence of alcohol leveling 0.132% of alcohol level while under the influence of alcohol leveling 0.132%, without obtaining a driver’s license, from the front of a mutually influent restaurant located in the Jin-si in Busan Metropolitan City on January 11, 2017 to the front of an alternative road located in about 18 km-ro 37, the center of Busan Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating driving of alcohol and the register of driver's licenses;

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

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

1. Selection of a selective fine (this case’s crime was committed by the defendant during the period of suspended sentence, but the defendant’s previous record of driving under the influence of alcohol was entirely recorded in his previous record, and the defendant would not repeat the second offense again;

The fine was selected in consideration of the fact that the fine was different)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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