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(영문) 대구지방법원 2018.02.08 2017고단6512
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant is a person who was sentenced to a fine of KRW 3 million in the Daegu District Court on October 6, 2009 to a violation of road traffic laws (drinking driving), a fine of KRW 1.5 million in the same court on December 27, 2013, and a fine of KRW 5 million in the same court on June 13, 2014 to a person who was sentenced to a fine of KRW 5 million in the same court on the same offense, etc. on at least two occasions.

[2] On October 24, 2017, the Defendant, without a vehicle driver’s license around 08:00, driven a motor vehicle with one km alcohol level from the Daegu Gain, which was located in the Sincheon-si, to the dry field of 1137-92 Karari on the same surface, while under the influence of alcohol level of 0.197% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, internal investigation report, and the driver's license register of the driver who is to be placed in driving;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 (Unlicensed Driving) of the same Act concerning facts constituting an offense, and Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act (the point of driving under influence of alcohol) of the same Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act of ordinary concurrent crimes (Punishment provided for in a crime of violating the Road Traffic Act with heavier punishment);

1. Selection of selective fine for punishment (the following extenuating circumstances among the reasons for sentencing shall be considered):

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the provisional payment order are as follows: (a) considering all of the factors of sentencing as shown in the records and arguments of this case, such as the age, sex, criminal conduct, family relationship, family environment, motive and means of the crime, circumstances after the crime, etc., the punishment shall be determined as ordered.

D. Unfavorable circumstances: The Defendant committed each of the crimes of this case, even though he had the record of being punished four times for a fine.

On December 22, 2016, the Defendant was sentenced to a suspended sentence of six months for special intimidation, etc., and the said judgment becomes final and conclusive.

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