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(영문) 대구지방법원 포항지원 2016.06.30 2016고단242
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On December 1, 2006, the Defendant received a summary order of KRW 700,000,000 from the Daegu District Court Port Branch of the Republic of Korea to a fine of KRW 1.5 million for a crime of violating the Road Traffic Act, the summary order of KRW 1.5 million for the same crime in the same court on January 2, 2009, and the summary order of KRW 2.5 million for the same crime in the same court on October 20, 2009.

[2] On March 13, 2016, the Defendant driven a B-wing freight vehicle from around 1 1km to the front day of the Yancheon-gu Seoul Metropolitan City in which it is difficult to find out the trade name located in the private distance of 0.051% in the blood alcohol while under the influence of alcohol without obtaining a driver’s license for a motor vehicle on March 13, 2016.

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. Previous convictions in judgment: Application of inquiries, such as criminal history, replys to inquiries, investigation reports (the same type of previous convictions and judgments, etc.);

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 152 subparagraph 1 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Formal concurrence, and Articles 40 and 50 of the Criminal Act for the selection of a punishment (the punishment imposed on a person who commits a crime of violating the Road Traffic Act due to a heavy drinking driving, shall be punished, but the selection of a fine shall be made);

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the fact that there has been three times of punishment due to driving of alcohol: The fact that no traffic accident has occurred due to simple drinking or non-licenseless driving, the previous conviction for driving of alcohol has seven years, and there has been no particular penalty history, the drinking value is low, and the fact that the drinking value is against the wrongness;

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