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(영문) 대구지방법원 김천지원 2018.02.20 2017고단1319

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal history] On February 11, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a crime of violating road traffic law in the Daegu District Court Kimcheon-cheon, and a summary order of KRW 3 million as a fine for the same crime in the same court on August 25, 2015, respectively.

[2] Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (driving of alcohol), on September 1, 2017, the Defendant driven a D amount e-sports car under the influence of alcohol leveling about 0.086% from the 20-meter section of alcohol level to the front day of the restaurant at the Cheongscopic mix located in the old and Seoscopic mix, around September 1, 2017, in a state of under the influence of alcohol leveling about 0.086% from the 20-meter section of alcohol level.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (the same kind of force), and summary order-making Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is that the defendant has a history of criminal punishment for driving under drinking at least four times.

The Defendant committed the instant crime without being sentenced to imprisonment with prison labor due to a non-licensed driving and without being sentenced to suspension of the execution.

However, the defendant is re-competing.

The defendant has no record of criminal punishment exceeding a fine due to a crime of drinking until now.

A relatively short distance is the driving of the instant drinking, and there are some circumstances that can be considered in light of the circumstances of the driving.

In the above circumstances, the sentencing conditions of the defendant, including the defendant's blood alcohol concentration level at the time of the instant case, including the defendant's age, sex, family relationship, and circumstances after the crime, shall be determined as per the order.