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(영문) 대구지방법원 2017.11.02 2017고단4319

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On September 28, 2017, the Defendant was sentenced to one year of imprisonment with prison labor for special injury, etc. at the Daegu District Court, and the sentence became final and conclusive on October 11, 2017.

On July 8, 2017, the Defendant driven B Poter II cargo vehicle while under the influence of alcohol content of about 0.065% at approximately 50 meters at the front of the 31st class of the Gu school south-ro 31, south-ro 31 in front of the GS25 city convenience store located in Daegu Northern-gu, Daegu-do.

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 the judgment: The application of the detailed inquiry of the case and the text of the judgment;

1. Various sentencing conditions shown in the records and arguments of this case, including the following facts: Article 148-2 (2) 3 and Article 44-2 (1) of the Road Traffic Act regarding criminal facts and the selective punishment; Article 148-2 (2) 3 and Article 44-2 (1) of the same Act regarding selective punishment (the fact that there is no record of punishment for the same type of crime; the degree of alcohol content in blood is not high at the time of driving alcohol; and the equity between the case of judgment and the case of special injury as indicated in the judgment becomes final

1. After Article 37 of the Criminal Act, Article 39 (1) of the same Act:

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;