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(영문) 대구지방법원 경주지원 2021.01.27 2021고정17
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

The defendant is a person who drives a motor vehicle B bicycle.

1. On October 21, 2013, the Defendant was issued a summary order of KRW 1,50,000,000,000 as a fine for a violation of the Road Traffic Act (drinking, driving without a license) in the Daegu District Court and its Daegu District Court and its racing support, and on March 16, 2017, as a penalty of KRW 2 million for the same crime from the same support.

On May 11, 2020, the Defendant driven the above vehicle while under the influence of alcohol of about 0.093% of alcohol content from the 3km section from the front of the indoor gymnasium to D in the same city, in the direction of around 29:0 on the 18:0 on the yellow Park for the racing.

As a result, the Defendant, who violated the prohibition on drinking under the Road Traffic Act at least once, once again driven the bicycle under the influence of alcohol in violation of the prohibition on driving under the influence of alcohol.

2. The defendant 1 who violated the Road Traffic Act (unlicensed driving) driven the bicycle without the driver's license in the act of the above 1.1.

Summary of Evidence

1. The defendant's legal statement, circumstantial statement, and notification of the result of regulating drinking driving;

1. The driver's license ledger and the driver's license ledger;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history (A), investigation report (related to drinking driving power), and Acts and subordinate statutes;

1. Article 148-2 subparag. 1 and Article 44(1)(2) and Article 43 of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts

1. Selection of a fine for selective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

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

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

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