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(영문) 대구지방법원 영덕지원 2015.02.04 2013고단227
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 10,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 26, 2012, the Defendant is a person who has been in violation of the provisions of Article 44(1) of the Road Traffic Act (Prohibition of Driving under the influence of alcohol) on two or more occasions, such as being sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act (driving) in the Daegu District Court's Ansan Branch on January 26, 2012, and a fine of KRW 2.5 million in the same court on January 2, 2012.

On October 31, 2013, the Defendant was under the influence of alcohol of 0.116% on blood alcohol concentration at around 20:47, and without a vehicle driver’s license, driven a 500-meter Category Bless Pacific Cargo at approximately 500 meters from the front day of the Young-gun, Young-gu, Young-gu, Young-gu, Young-gu, Young-gu, Chungcheongnam-do, to the front day of the 22-round the same Eup.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the crackdown on drinking driving, report on the situation of a drinking driver, and inquiry about the results of the crackdown on drinking driving;

1. Registers of driver's licenses, and car4;

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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 an offense (the point of a driver's licenseless driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Formal concurrence and the choice of a sentence prescribed in Articles 40 and 50 of the Criminal Act (the punishment imposed on a person who violates the Road Traffic Act heavier than that of the punishment shall be punished, but the selection of a fine (the election commission shall be imposed on the person who has a majority of punishment power for the same crime, but the distance of operation shall not exceed that of the defendant);

1. Article 70 of the former Criminal Act (amended by Act No. 12575, May 14, 2014); Article 69(2) of the Criminal Act

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