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(영문) 대구지방법원 영덕지원 2015.07.22 2015고단128
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 27, 2011, the Defendant received a summary order of KRW 1 million for a crime of violation of the Road Traffic Act from the Ulsan District Court, and issued a summary order of KRW 4 million for the same crime in the same court on July 22, 2013, and on August 8, 2013, the Defendant received a summary order of KRW 5 million for the same crime in the same court.

Although the Defendant had been punished twice or more due to drunk driving, on April 28, 2015, at around 21:18, the Defendant again driven CMW without obtaining a driver’s license at approximately 500 meters from the front side of the death side in the front side of the death side of the Jinjin-gun, Chungcheongnam-do, North Korea, to the front side of the Jincheon Village, which is located in the same side, and then cMW under the influence of alcohol concentration of about 0.05%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of driving under the influence of alcohol, inquiry into the results of crackdown on driving under the influence of alcohol, report on the circumstantial statement of a driver under the influence of alcohol, report on detection of a driver under the influence of alcohol, and report on driver's license

1. Previous records: 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 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. Formal concurrence and selective punishment prescribed in Articles 40 and 50 of the Criminal Act (a punishment heavier than punishment shall be imposed on the crimes of violating the Road Traffic Act, but selection of fines);

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

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

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