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(영문) 대구지방법원 김천지원 2013.05.01 2013고단227
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 13, 2011, the Defendant issued a fine of one million won for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on April 13, 201, and five million won for the same crime in the same court on January 15, 201.

On March 6, 2013, at around 22:45, the Defendant driven B K7 vehicle under the influence of alcohol with a blood alcohol concentration of 0.128%, without obtaining a driver’s license, at a section of approximately 200 meters from the front day of the ancient city, in which it is impossible to identify the trade name in the original city of the Gu-si, Si-si to the front day of the Gabart in the same Dong.

Accordingly, the defendant, who violated two times the prohibition of driving under the influence of alcohol, was driving a motor vehicle without obtaining a driver's license under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records: Application of Acts and subordinate statutes to inquiry reports on criminal records, etc., references to criminal records, etc., amounts of dispositions, previous records, and reporting results;

1. Relevant Article of the Act on the Crime, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a sound driving) and Articles 152 subparagraph 1, and 43 of the Road Traffic Act (the point of a without a license driving) concerning the selection of criminal facts;

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not well-founded despite having been sentenced several times of criminal punishment due to drunk driving, and the criminal liability for the crime of this case is not exceptionally applied to the crime of this case. However, on the other hand, the defendant has no record of punishment heavier than the suspended sentence, and is against the law, etc., the punishment is determined as ordered.

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