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(영문) 대구지방법원 2016.11.11 2016고정2164
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of five million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On March 20, 2008, at the Daegu District Court, the Defendant has been sentenced to a suspended sentence of two years for six months, and seven million won for a crime of violation of the Road Traffic Act at the Daegu District Court on June 22, 2010, respectively.

【Criminal Facts】

1. On July 18, 2016, the Defendant, while under the influence of alcohol at least 0.142% in the section of approximately 500 meters in the direction of the original intersection located in the organization of the Eup, Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, from around 14:10 on July 18, 2016, while driving a two-wheeled vehicle under the influence of alcohol at approximately 0.142% in the direction of the original intersection located in the organization of the Eup.

2. The Defendant violated the Guarantee of Automobile Accident Compensation Act, as a holder of the said two-wheeled automobile, driving the said two-wheeled automobile which was not covered by mandatory insurance in the same section.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual state of a drinking driver, and inquiry into the results of the control of drinking driving;

1. The credit bureau and the mandatory insurance association;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (Attachment to the same type of criminal records);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (hereafter referred to as "driving"), Article 46 (2) 2 of the Guarantee of Automobile Accident Compensation Act, the main sentence of Article 8 of the Act on Guarantee of Automobile Accident Compensation, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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