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(영문) 대구지방법원 김천지원 2015.01.15 2014고단1289
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On June 29, 2011, the Defendant issued a summary order of two million won to a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Kimcheon Branch of the Daegu District Court on June 29, 201, and on June 7, 2012, the same court issued a summary order of three million won for a violation of the Road Traffic Act (driving). On August 28, 2013, the same court was sentenced to two years of suspension of execution to ten months of imprisonment for a violation of the Road Traffic Act (driving) and the said judgment became final and conclusive on September 5, 2013.

On October 12, 2014, around 02:00, the Defendant driven C New-G car under the influence of alcohol content of 0.160% without obtaining a driver’s license from around 1km section from the front road to the front road of the passenger ship terminal located in the same port and port in the same Gu.

As a result, the defendant violated Article 44 (1) of the Road Traffic Act more than twice and drives a motor vehicle under the influence of alcohol without obtaining a driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of state of drivers, and the register of driver's licenses;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports, investigation reports, and disqualified cases of the main office;

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 (the punishment imposed on a violation of the Road Traffic Act of which punishment is heavier);

1. The sentence should be imposed in consideration of the selective fine of punishment, the criminal history and the degree of the taking of the sentence. However, there is no accident caused by the crime in the judgment, the walking condition was normal, and the blood color was very red. While being detained first in the life for the two months, the person's mistake will be divided in depth.

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