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(영문) 대구지방법원 김천지원 2016.12.08 2016고단1239

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 14, 2016, at around 07:00, the Defendant driven B C-C cargo vehicle while under the influence of alcohol content of about 0.095% at a section of about 50km from the road of 68-17, Seo-gu, Seo-gu, Daegu to the road of Kimcheon-si to the road of 200 Kacheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the report on circumstantial statements of a drinking driver and the results of crackdown on drinking driving;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2(2)3 and 44(1) of the Road Traffic Act of the choice of punishment, the selection of fines (the fourth drinking driving and the blood alcohol concentration is not low, imprisonment shall be sentenced; however, the previous conviction is old and has no same criminal record until the case has occurred after around 2007, the fact that the defendant's age, occupation, family relation, etc. are considered);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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