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(영문) 대구지방법원 김천지원 2016.11.29 2016고정568
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 23, 2016, at around 23:22, the Defendant driven a ATV 150 (one-day launch) Orala while under the influence of alcohol 0.148% from a 1km section of the blood alcohol content from the front to the bottom of the Japanese mother-based digging bridge in the Gumi-si B from the front of the road of the Gumi-si, the Defendant driven the ATV 150 (one-day launch) with no driver’s license.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, and reports on the actual state of drivers;

1. Application of Acts and subordinate statutes, such as photographs, copies of a certificate of delivery of agricultural cargo errors and biogas, the ledger of driver's licenses for motor vehicles, registers of the main office, and inquiry into the results of the drinking driving

1. Relevant Article of the Act on the Crime, Articles 148-2 (2) 2, 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 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished several times for the same crime, is also committed each of the crimes in this case. The drinking driving is a serious criminal threatening to the life and body of himself/herself and others. In full view of all the circumstances that are conditions for sentencing, including equity of statutory penalty as prescribed by the Road Traffic Act, the sentence imposed on a similar case, the age and character of the defendant, character and conduct, the motive, means and consequence of the crime, etc., the amount of fine in the summary order is too high.

Therefore, the punishment is determined as ordered.

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