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(영문) 대구지방법원 서부지원 2016.01.21 2015고단1932
도로교통법위반(무면허운전)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

【Criminal Records of Crimes】 On January 12, 201, the Defendant received a summary order of KRW 1,500,000 from the Seo-gu District Court Branch of the Daegu District Court to a fine of KRW 1,500,000 as a crime of violating the Road Traffic Act, and on October 21, 2014, the same court received a summary order of KRW 6 million as a fine for a crime of violating the Road Traffic Act (driving).

【Criminal facts” around 15:30 on November 9, 2015, the Defendant driven a bicycle 49c motor vehicle while under the influence of 0.133% alcohol while under the influence of alcohol during blood without a motor device bicycle driver’s license at approximately 30 meters on the road front of the “funching restaurant” located in the Gyeongju-gun, Sung-gun, Sung-gun, Sung-gun.

Accordingly, the defendant, who has been punished by drinking more than twice, has driven a motor device under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. The driver's license ledger;

1. A CD;

1. Previous convictions in judgment: Application of written inquiries about criminal history and other Acts and subordinate statutes;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving) of the relevant Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of a selective fine (such as the fact that the vehicle that the defendant has driven in a drinking condition is the motor vehicle of 49cc and has no power to punish the defendant exceeding the fine, etc.);

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

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