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(영문) 대구지방법원 2014.01.23 2013고단6825

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 28, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violating the Road Traffic Act in the Seo-gu District Court's branch branch on August 28, 2007, and on April 23, 2008, the Defendant was sentenced to imprisonment for 6 months and 2 years of suspended execution.

Criminal facts

On December 14:08, 2013, the Defendant driven BK5 vehicle under the influence of alcohol with approximately KRW 2k alcohol content 0.056% from the section of approximately 2k-distance from the front of the libera road located in the Daegu Northern-dong, Daegu Northern-do to the front of the arms and pedal road located in the same arms and horses.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of the driving of a motor vehicle;

1. Statement in the circumstances of an employee;

1. Previous records: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment of the same type of electric records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the criminal defendant's responsibility for sentencing under Article 334 (1) of the Criminal Procedure Act is one of the reasons for sentencing of the provisional payment order, the punishment as ordered shall be determined by taking into consideration all the normal materials revealed in the trial process, including the fact that the defendant does not reach recidivism, that the blood alcohol concentration is relatively high, that the defendant has physical disability of grade 6 at present, that the defendant has physical disability of grade 6 at present, and that the defendant's age and occupation.