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(영문) 대구지방법원 의성지원 2014.07.03 2014고단91
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant issued a summary order of KRW 500,000,000 as a fine for a violation of the Road Traffic Act, and on September 7, 2009, the same court issued a summary order of KRW 1 million as a fine for the same crime.

On March 6, 2014, at around 19:44, the Defendant driven B B beh or car under the influence of alcohol content of 0.078% without a car driver’s license, from a direction 20km to the front day of the restaurant to the 5680-math of the same Gun, as the Gyeong-Eup, Sung-gun, Sung-gun, Sung-gun, Gyeongcheon-gun, Gyeongcheon-do, 29-1.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking control, and the register of driver's licenses;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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