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(영문) 대구지방법원 2012.09.26 2012고합681
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The defendant was issued a summary order of KRW 1,00,000 at the Daegu District Court on July 18, 201 to a fine for the violation of the Road Traffic Act, and the same year.

9. 7. The summary order became final and conclusive on December 20, 201, and the same court issued a summary order of KRW 2,500,000 to a fine for violating the Road Traffic Act (driving) due to the crime of violation of the Road Traffic Act, etc. on January 26, 2012, which became final and conclusive on January 26, 2012.

On May 7, 2012, the Defendant, without a motorcycle driver’s license on May 18:45, 2012, driven C49C 49C occ in a section of about 500 meters from the front of the Yong-Nam real estate in front of the Heungnam real estate, which is in the fluoral fested 0.26% of the blood alcohol concentration, in the state of under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Requests for appraisal;

1. Registers of driver's licenses;

1. Previous records of judgment: Criminal records, etc., inquiry report by the public prosecutor, investigation report by the public prosecutor (a copy of a summary order of the same kind of crime), and application of the relevant 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 2 of Article 154 and Article 43 of the Road Traffic Act;

1. Punishment provided for in Articles 40 and 50 of the Criminal Act for ordinary concurrent crimes (the punishment imposed for a violation of the Road Traffic Act heavier than that of a punishment);

1. Selection of an alternative fine for punishment;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that driving of a motor vehicle by the motor vehicle by the motor vehicle by the motor vehicle is not a motor vehicle, etc. but a motor vehicle by the motor vehicle, etc.

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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