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(영문) 대구지방법원 김천지원 2013.10.01 2013고정472
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 11, 2013, the Defendant was sentenced to one year of imprisonment with prison labor and a fine of one million won in the Daegu District Court Kimcheon Branch on April 11, 2013, and the said judgment was finalized on August 23, 2013.

【Criminal Facts】

On September 3, 2012, at around 09:10, the Defendant driven a B rocketing car under the influence of alcohol content of about 0.074% without obtaining a driver’s license in approximately 2 km section from the front of the gold market near the gold market in the Gu-U.S. Pyeong-dong to the front of the Gu-U.S. P. P. P.M., the Defendant driven the B rocketing car under the influence of alcohol content of 0.074%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of drivers, report on the status of drivers, and inquiry into the register of drivers' licenses;

1. Previous convictions indicated in the judgment: Criminal history records, inquiry records, and application of the Acts and subordinate statutes governing the defendant's statutory statement;

1. Relevant provisions of Article 148-2 (2) 3, 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 and Article 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. The latter part of Article 37 and Article 39 (1) of the Criminal Act concerning concurrent crimes;

1. Articles 70 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 of the provisional payment order is that the defendant has the same criminal records, but the sentence is determined as ordered in consideration of all the circumstances, including equity in the case of being tried together with the crime of injury for which the judgment became final and conclusive.

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