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(영문) 대구지방법원 2015.07.14 2015고단1389
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

The defendant was sentenced to a suspended sentence for four months by imprisonment for a violation of the Road Traffic Act at the port support of the Daegu District Court on January 14, 2009, and two years by imprisonment for a violation of the Road Traffic Act at the Daegu District Court on July 24, 2014 and two years by a suspended sentence for a violation of the Road Traffic Act at the Daegu District Court on July 24, 2014.

8.1. The judgment becomes final and conclusive and currently during the suspension of execution;

On March 4, 2015, at around 11:49, the Defendant driven C Poter Cargo Vehicles without obtaining a driver's license in a state of alcohol alcohol concentration of about 0.272%, from the front of the 17 Maroe 3 apartment road, the 17 Maro-gu, Busan Metropolitan City, which is the river of the city, to the front of the same road in front of the same city mountain police station in Gyeyang-dong.

Summary of Evidence

1. Defendant's legal statement;

1. License register;

1. Reports on the results of the drinking driving control, and circumstantial statements;

1. Previous convictions: Application of court rulings and summary order 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. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is less and less liable for the crime of this case again during the period of suspension of the execution of the same crime, but the defendant is thought to have committed a crime of this case due to home problem and thus, he will have a mental disability while living together with his imprisonment. The defendant was discovered by drinking and partly driving the Gyeongsan Police Station, the defendant's late-time and late-time and reflects his wrong behavior, and is going against his new life in the future, the defendant sold his vehicle, and other various circumstances such as the motive, circumstance, means and method of the crime of this case, the defendant's age, character and behavior, career, environment, etc. as shown in the argument of this case.

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