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(영문) 대구지방법원 2020.12.02 2019고단4096
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on October 17, 2014, issued a summary order of KRW 3 million for the crime of violation of the Road Traffic Act, and at the same court on May 20, 2016, issued a summary order of KRW 3 million for the same crime, etc., respectively, and on May 8, 2019, issued a summary order of KRW 3 million for the same crime, and on May 16, 2019, sentenced two years for the suspension of the execution of imprisonment for the same crime to be sentenced to two years for the same crime from the Western District Court’s Western Branch Branch, which became final and conclusive on May 16, 201

On August 2, 2019, at around 07:58, the Defendant driven a motor bicycle with the blood alcohol concentration of 0.233% in the section of about 40 meters from the Do in Daegu Northern-gu B to the front road D, without obtaining a motorcycle driver’s license.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and simultaneously drive a motorcycle without a motorcycle driver's license.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Photographss by cutting down a brealy measuring image of the car driving license register;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (verification, etc. of the same criminal records as a suspect);

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act, subparagraph 2 of Article 154 and Article 43 of the Road Traffic Act concerning the facts constituting the crime;

1. Articles 40 and 50 of the Criminal Act dealing with ordinary concurrences;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had the history of being punished five times due to drunk driving and two times due to non-licensed driving, the control standards and statutory punishment have been significantly strengthened after the enforcement of the current Road Traffic Act, and the blood alcohol concentration level exceeds the license standard, and is still under the same period of probation.

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