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(영문) 대구지방법원 2013.11.07 2013고단5087
도로교통법위반(무면허운전)등
Text

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

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

Reasons

Punishment of the crime

On November 3, 2006, the Defendant received a summary order of KRW 4 million from the Daegu District Court to a fine of KRW 1,000 due to a violation of the Road Traffic Act (driving). On November 1, 2010, the Daegu District Court issued a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving). On November 14, 2012, the Defendant was sentenced to a fine of KRW 4 million from the Daegu District Court to a fine of KRW 1,00,000 due to a violation of the Road Traffic Act (driving).

Criminal facts

On August 13, 2013, at around 22:35, the Defendant driven B Maz car with approximately 200 meters alcohol concentration 0.064% under the influence of alcohol without obtaining a driver's license from the front of the Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si Cheongcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A written appraisal of blood alcohol;

1. A report on detection of a de facto driver (blood collection result);

1. The driver's license ledger;

1. Previous records of judgment: Criminal records, etc. inquiry reports, previous records of dispositions, results of confirmation, and application of Acts and subordinate statutes (Attachment to previous records and copies of written judgments);

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 Article 334(1) of the Criminal Procedure Act of the provisional payment order is a criminal defendant's liability for sentencing, the punishment is determined as ordered in consideration of all the normal data revealed in the trial process, such as the fact that the defendant has no criminal record of probation or higher in the past, drinking water is high, the defendant's age, occupation, family relationship, etc.

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