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(영문) 대구지방법원 영덕지원 2018.08.22 2018고단124

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 20, 2007, the Defendant received a summary order of KRW 2 million as a crime of violating road traffic law (drinking driving) from the Daegu District Court Young-gu District Court (Seoul District Court). On December 16, 2015, the Defendant received a summary order of KRW 2 million as a fine for the same crime in the same court.

On June 12, 2018, at around 20:45, the Defendant driven a car with EXN from approximately 1km to around 0.137% alcohol level, while under the influence of alcohol level 0.137% from the 1km section to the road in front of the resident love bank in the same Myeon, from the 3rd side of the death of the deceased and leuk-gun in the Ganjin-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Investigation report (report on the situation of the driver in charge); and

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of crackdown on the driving of drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same kind of force);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account all of the factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant's previous records of punishment four times due to drinking, but again led to the crime of this case, etc.; Considering the fact that the defendant recognized all the crimes of this case, repents and repents his mistake, and that the defendant does not repeat again, and that the defendant sells the vehicle operated by the defendant while selling it.