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(영문) 대구지방법원 포항지원 2013.03.18 2012고합71
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 December 1, 2009, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a fine of KRW 2.5 million from the Daegu District Court's Port Branch on December 1, 2009, and a fine of KRW 5 million from the above court on May 1, 2012 due to a violation of the Road Traffic Act (driving).

On April 26, 2012, the Defendant, without obtaining a driver’s license at around 23:17, driven Bsch-ton car at 4 km from the annual distance in the south-gu Dong-dong, Nam-gu, Nam-gu, Sinpo-si, Nam-si, in the influence of alcohol at 0.052% of alcohol level without obtaining a driver’s license at around 23:17.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Notification of the control of drinking driving;

1. Registers of driver's licenses;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and reports attached to judgments), including criminal records, and 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. 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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include two identical criminal records as indicated in the judgment of the defendant for the reason of sentencing of Article 334(1) of the Provisional Payment Order. Among them, the recent criminal acts are driving and driving without a license which committed on March 24, 2012, which repeats the same kind of criminal acts during a short period of time, such as committing the instant criminal acts in a short period of time, and driving without license is disadvantageous to the defendant.

However, the blood alcohol concentration of the instant crime is 0.052% and is relatively low, and the fact that there is no record of punishment exceeding the fine for the same kind of crime is favorable.

The age, character and conduct, circumstances after crimes, etc. of defendants.

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