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(영문) 대구지방법원 김천지원 2015.11.25 2015고단964
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 9, 2012, the Defendant was sentenced to a fine of KRW 2.5 million for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do branch on January 9, 201, and was sentenced to a fine of KRW 2 million for the same crime on December 30, 2014.

On August 16, 2015, when the Defendant had had a history of drinking driving two or more times, the Defendant driven a Dworka car with a blood alcohol level of 0.117% under the influence of alcohol level of 0.17% without obtaining a driving license from the front side of the two apartment in the Gu-si, Si-U.S., Nowon-gu, Seoul, to the front side of the same Si-si, Songdong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a driving under the influence of alcohol, inquiry into the results of the crackdown on driving under the influence of alcohol, and report on the state of standing;

1. Registers of driver's licenses, disqualified meetings of the main office, and details of revocation of driver's licenses;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes (including attached judgments);

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 of ordinary concurrent crimes (the punishment imposed on a violation of the Road Traffic Act of heavier punishment);

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been punished several times for the same kind of crime, leads to the crime of this case. In light of the degree of the drinking water of this case, the defendant's liability for the illegal act of this case is not weak.

On the other hand, the defendant recognized all the crimes of this case, divided his mistake, and again sold the vehicle that he operated while not driving and driving without a license, and did not cause an accident in the course of the crime of this case.

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