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(영문) 대구지방법원 의성지원 2017.12.21 2017고단288

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

On August 16, 2017, while under the influence of alcohol level of 0.091% among blood alcohol level, the Defendant driven a B rocketing car at approximately 20 meters away from the front of the 115 gam convenience store in the north-gu in the north-gu in the port of port to the front road of the central commercial parking lot located in 117-lane 6 in the north-gu in the north-gu in the port of port, and driven the said section from around 03:48 on September 12, 2017, while under the influence of alcohol level of 0.150% among blood alcohol level at around 03:48, the Defendant was driving from the front of the Seongbuk-gu in the north-gu in the north-gu in the border at the port to about 50 meters above the 102nd road in the port of port.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of each driver driving, and the results of regulating drinking driving;

1. Relevant Article 148-2 subparag. 2 of the Road Traffic Act and Article 148-2 subparag. 2 of the same Act concerning criminal facts, the selective punishment (the drinking driving on August 16, 2017), Article 148-2 subparag. 3 of the Road Traffic Act (the driving on September 12, 2017), and the selection of fines, respectively;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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 requires the strict punishment of the defendant in that the defendant has driven alcohol on two consecutive occasions. However, the defendant recognized his/her wrong judgment and reflects his/her wrong judgment, the defendant does not have the same criminal record, the defendant's age, sex, career, environment, circumstances and results of the crime, and the remaining sentencing conditions as indicated in the records and changes of the case, such as the defendant's age, sex, career, circumstances after the crime, etc. are considered.