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(영문) 대구지방법원 의성지원 2014.05.29 2014고단78
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On December 22, 2008, the Defendant was sentenced to a summary order of KRW 3 million due to a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 22, 2008; on March 15, 2010, the Defendant was sentenced to a summary order of KRW 3 million due to the same crime; on April 10, 2014, in the Daegu District Court Kimcheon Branch of the Daegu District Court, the Defendant was sentenced to a summary order of KRW 3 million due to the same crime; and on April 18, 2014, the Defendant was sentenced to a suspended sentence of two years due to a violation of the Act on Special Cases Concerning the Settlement of Traffic Accidents;

피고인은 2014. 3. 29. 07:10경 경북 군위군 군위읍에 있는 뒹구는막창 식당에서부터 같은 읍 경북대로 3292에 이르기까지 약 3km 구간에서, 자동차운전면허 없이 혈중알콜농도 0.152%의 술에 취한 상태로 B 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of, and the register of driver's licenses of motor vehicles;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports (related decisions), application of statutes;

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. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

1. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (with regard to cases where the first head of the judgment holding that the crime in this case and the concurrent crime in the latter part of Article 37 of the Criminal Act are concurrent crimes, etc. simultaneously with the case where the crime in this case are judged, equity, etc. is taken into account);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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