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(영문) 대구지방법원 김천지원 2014.05.22 2014고단347

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding five million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On January 11, 2012, the Defendant was issued a summary order of 700,000 won of a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do, and on May 14, 2012, the Defendant was issued a summary order of 1.5 million won of a fine by the same court.

On March 21, 2014, at around 21:21, the Defendant driven C et al., while under the influence of alcohol of about 1k from the 1km section from the front of the Nakdong River cafeteria located in the Gu-U.S. Simsan-si to the front of the Plux road located in the same Dong, with a blood alcohol concentration of about 0.109%.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Application of Acts and subordinate statutes, such as a report on the actual state of a driver, on-site photograph, and on-site survey report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (the grounds leading to the crime of this case, the background leading to the crime of this case, the confession and reflect of the crime, the fact leading to the confession of the crime of this case, and other factors

1. Articles 70 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;