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(영문) 대구지방법원 2018.05.03 2018고단509
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 30, 2017, at around 23:46, the Defendant driven a fladon quantity of E EW in a state of alcohol alcohol concentration of about 0.115% without a driver's license in a section of about 100 meters from the front of the Defendant's residence in Daegu Northern-gu B to the front of the D located in C.

Summary of Evidence

1. Statement by the defendant in court;

1. A written statement;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- As much as there is a possibility of criticism against the instant crime during the suspension period due to the crime of violating the Road Traffic Act (drinking), the recognition and reflect of the crime, and the non-driving of drinking again;

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