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(영문) 대구지방법원 포항지원 2018.01.10 2017고단1116

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 8, 2014, the Defendant issued a summary order of KRW 1,50,00,000 as a fine for a crime of violating the Road Traffic Act (drinking) at the port support of the Daegu District Court on January 8, 2014, and KRW 2 million as a fine for the same crime at the same court on February 5, 2014.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking), on August 1, 2017, at around 00:05, the Defendant driven a B body-ray car with approximately 0.152% alcohol concentration in the section of approximately 200 meters from the front of the hotel in the north-dong, North-dong, North-dong, North-dong, North-dong, North-dong, to the same coast 7, and the front of the customs office in the port of port and port from August 1, 2017.

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. A request for blood appraisal and a statement of alcohol alcohol during blood transfusion;

1. Previous convictions in judgment: Application of inquiry statements, investigation reports (formers and confirmations) and Acts and subordinate statutes, such as criminal history;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the Criminal Procedure of the Provisional Payment Order is to be determined in full view of the following circumstances and other various sentencing conditions, including the Defendant’s age, sex, environment, motive, means and consequence of the crime, and the circumstances after the crime.

The favorable circumstances: The confession of a crime and reflective, the situation that does not cause an accident due to drinking driving, etc. and the distance of driving under drinking is relatively short: The fact that the person has a history of driving under drinking 4 times, the fact that the person is a crime during the period of suspension of execution.