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(영문) 대구지방법원 2016.03.31 2016고단222

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

[criminal history] On December 4, 2008, the Defendant was sentenced to a fine of KRW 1,50,000 to a fine for a violation of road traffic law (driving) at the Daegu District Court on the same day, and a fine of KRW 2,50,000 to a fine for the same crime at the same court on September 17, 2010.

[Criminal facts] On December 16, 2015, the Defendant driven a coo vehicle in Category B owned up to 50 meters in front of the second apartment road in Yong-Namdong located in Daegu Northern-dong, while under the influence of alcohol content of 0.065% among blood transfusion around 23:20 on December 16, 2015.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous conviction in judgment: Application of a reply to inquiry about criminal history, investigation report (Attachment to the previous and copy of the summary order);

1. Relevant Article of the Act and Articles 148-2(1)1 and 44(1) of the Road Traffic Act concerning facts constituting a crime, the selection of fines (the defendant does not again commit the same kind of crime);

such factors as the fact that the defendant's blood or alcohol concentration in the blood does not have a high level, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;