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(영문) 대구지방법원 포항지원 2015.06.25 2015고단239

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

around 00:10 on March 27, 2015, while under the influence of alcohol of 0.078% with blood alcohol concentration, the Defendant driven a Grand Cross at a section of approximately 200 meters from the front of the “Gangnok Road,” located in the north-gu Exchangehodong at one port to the front of the “Cheongmknok Road,” located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiries about the results of crackdown on drinking driving and the application of Acts and subordinate statutes to report the circumstances of drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act which choose the penalty, the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The history of punishment for the crime related to driving, such as drunk driving, is several times, and circumstances favorable to the defendant who committed the crime of drinking under the influence of alcohol only 20 days after he was under the influence of driving under the influence of alcohol: The fact that there is no particular traffic accident due to a simple driving, there is no history of punishment exceeding the fine, the fact that there is no history of punishment exceeding the fine, the driving distance is relatively relatively short, and the fact that the driving distance is against the mistake;