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(영문) 대구지방법원 2017.04.13 2016고단5852
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 history] On May 1, 2007, the Defendant was sentenced to a summary order of 1.5 million won for a crime of violating the Road Traffic Act (drinking driving), and on June 26, 2012, the Defendant was sentenced to a summary order of 5 million won for a fine of 5 million won for a crime of violating the Road Traffic Act (drinking driving), and on February 3, 2017, the Defendant was sentenced to a suspended sentence of 8 months for a crime of violating the Road Traffic Act (dacting driving) at the Seo-gu District Court’s branch branch branch branch, which became final and conclusive on February 11, 2017.

[2] Around 06:07 on September 20, 2016, the Defendant, without obtaining a driver’s license for a motor vehicle, driven a motor vehicle with Crash in the 1km section from the first apartment of Daegu Dong-gu 29-ro 10, to the 114 Do-ro 114 Do-ro Do-ro Do-ro 114, while under the influence of alcohol 0.109% during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions: References to inquiries, reports on investigations, indictments, etc., summary orders, application of the accused's statutory statements statutes, such as criminal history;

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

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

1. Selection of an alternative fine for punishment;

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Unfavorable circumstances: the Defendant was punished for driving under influence of alcohol in 2007 and 2012; as well as the Defendant was indicted for driving under the influence of alcohol in July 9, 2016 (Article 2016, 1441 of the Daegu District Court Branch Branch Decision 2016, 201) after being indicted (Article 334(1) of the Criminal Procedure Act (Article 334(1) of the said Act) (Article 334(1) of the said Act; Article 334(1) of the said Act; Article 334(1) of the said Act; and Article 334(2) of the said Act provides that

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