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(영문) 대구지방법원 의성지원 2017.09.21 2017고단248
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On August 28, 2015, the Defendant was sentenced to a fine of KRW 500,00 as a crime of violating the Road Traffic Act (drinking driving) in the Daegu District Court’s Sung Branch on August 28, 2015, and was sentenced to a fine of KRW 1,50,000 as a crime of violating the Road Traffic Act (drinking driving) on June 30, 2016

On August 25, 2017, the Defendant, without a motor engine bicycle license, driven at approximately 100cm from the front 100cm to the front ice on the ice on the ice in the Gung-gun of Gyeongbuk-gun, in a state of alcohol leveling 0.16% of alcohol level in blood without a motor device bicycle license, and driven approximately 100cm from the front ice on the ice in the Gung-gun of Gyeongbuk-gun to the front 11-1rd road of the same ice ice.

As a result, the Defendant violated the prohibition clause on driving under the influence of alcohol not less than twice, but once again operated a motor device bicycle without a motor device license in violation of the said provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. The driver's license ledger;

1. Records of crime: Application of each of the summary order statutes attached to a reply to inquiry, such as criminal history, and an investigation report (Attachment to the judgment);

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. 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 an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act include two times the criminal records of the defendant being punished for driving alcohol, and the records of punishment for driving without a license are not good in that the defendant again commits the instant crime despite one time, and the fact that the defendant's blood alcohol concentration at the time of driving alcohol was significantly high, etc. are disadvantageous to the defendant.

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