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(영문) 대구지방법원 경주지원 2012.06.15 2012고합47
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 28, 2008, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in Daegu District Court and racing support on July 28, 2008, and on November 1, 2010, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act to a fine of KRW 2 million in the same court on more than two occasions.

On February 22, 2012, at around 23:50, the Defendant driven a B rocketing car from the YNN to the front day of the taxi riding place in the same Ri, without a driver’s license, while under the influence of alcohol of 0.164% of blood alcohol level.

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. Details of driver's license revocation;

1. Previous records of judgment: Criminal records, etc. and the application of Acts and subordinate statutes to inquiry reports and investigation reports (verification of punishment records for driving a motor vehicle);

1. Article applicable to criminal facts;

(a) A point of drinking: Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act;

(b) Point of driving without a license: Subparagraph 1 of Article 152 and Article 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

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

1. The criminal defendant, who has been punished twice or more due to drunk driving under Article 334(1) of the Criminal Procedure Act, committed the crime in this case, and the nature of the crime is not less than that of the crime. The revision of the Road Traffic Act, strengthening the punishment for drunk driving under the influence of alcohol in this case, high drinking level, the defendant has divided his depth of his mistake, and the defendant has divided his age, character and character, environment, motive, means and consequence of the crime in this case, and all of the sentencing conditions stated in the records of this case, such as the following circumstances.

It is so decided as per Disposition for the above reasons.

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