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(영문) 대구지방법원 2015.05.20 2015고정562
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal power] On January 29, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the Daegu District Court, and on November 18, 201, the same court issued a summary order of KRW 2.5 million for the same crime, etc. on November 18, 201, and on April 21, 2015, the Defendant was sentenced to two years of imprisonment for an injury to the same court on April 29, 2015, and the judgment became final and conclusive on April 29, 2015.

【Criminal Facts】

At around 23:40 on January 2, 2015, the Defendant driven B rocketing car at approximately 20 meters around the same apartment parking lot in front of the management office of the yellow apartment in the Yellow Dust-Eup in the Jinsan-si in the Jinsan-si in the Jinsan-si, the Defendant was under the influence of alcohol of 0.105% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous records of judgment: Application of Acts and subordinate statutes to criminal history records, written judgments, printed out pictures showing the fixed date of inquiry of the case;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. The latter part of Article 39 (1) of the Criminal Act and Article 55 (1) 6 of the Criminal Act (Concurrent Crimes under the latter part of Article 37 of the Criminal Act);

1. Handling concurrent crimes: latter part of Articles 37 and 39 (1) of the Criminal Act (limited to the crimes of violation of the Road Traffic Act and the crimes of injury for which judgment becomes final and conclusive);

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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