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(영문) 대구지방법원 2017.12.14 2017고단5194

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on September 4, 2015, is a person who drives drinking at least twice after receiving a summary order of KRW 1,500,000,000 as a fine for a crime of violating the Road Traffic Act, and the same court issued a summary order of KRW 1,50,000 as a fine for the same crime on February 16, 2016.

[2] On August 8, 2017, the Defendant driven CM5 car under the influence of alcohol leveling from approximately 200 meters to around 0.104% (the application of the said dmark) of alcohol leveling from the world apartment in which locks in 598 in the middle of Daegu Northern-gu, Daegu, 2017, in the middle of 598 to the front of Snmark in Korea.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, summary order, and other Acts and subordinate statutes, such as criminal history;

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act applicable to the facts constituting a crime (excluding punishment) of the relevant Act;

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 the frequency and time [2015 (0.075% of alcohol in blood transfusion), and 2016 (0.064% of fine)] of the defendant's punishment for the same kind of crime. The degree of alcohol in blood during the driving of the instant drinking, the influence of the result of the instant criminal trial on the defendant's occupation, the defendant's age, sex behavior, environment, motive and circumstance of the crime, and circumstances after the crime, etc. shall be determined as ordered by taking into account the various reasons for sentencing as shown in the argument of the instant case, such as the defendant's age, sexual behavior, motive and circumstance of the crime, etc.