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(영문) 대구지방법원 2013.03.29 2012고합1333
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, 50,000 won.

Reasons

Punishment of the crime

On December 6, 2011, the Defendant was sentenced to eight months of imprisonment with prison labor for a violation of the Road Traffic Act (driving) at the Daegu District Court on December 6, 201, and the execution of the said punishment was terminated on January 28, 2012. On November 22, 2006, the Defendant was issued a summary order of four million won by the same court due to the same offense, etc.

On October 5, 2012, at around 22:05, the Defendant operated a ecoo vehicle C without a driver’s license in a state of under the influence of alcohol content of 0.052% at a distance of 150 meters from the front day of the 150-day clubs of the same Eup at a restaurant to the front day of the same Eup clubs.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Registers of driver's licenses, and car4;

1. The application of Acts and subordinate statutes of criminal records, inquiry reports, and investigation reports;

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. 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. Articles 70 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 is that the defendant has been punished several times for the same kind of crime, but he/she has committed the same crime during the period of repeated crime.

However, after considering the fact that the defendant seems to have strong shortness in order to cut off his criminal conduct in depth, and that the blood alcohol concentration at the time of detection is 0.052% and the odometer is only 150m, the punishment as shown in the text shall be determined.

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