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(영문) 대구지방법원 포항지원 2017.08.10 2017고단611

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

1. On April 28, 2017, the Defendant violated the Road Traffic Act (breathing) driven a vehicle under the influence of alcohol with approximately 12 km alcohol concentration of about 0.168% from the front of the aid old-age 123, which was located along the coast of the north-gu, Northern-gu, Po-si, Po-si, the north-gu, to the Daegu District Court’s port support parking lot located in 181 at the same court.

2. The Defendant violated the Road Traffic Act: (a) while driving a D hotel in front of the D hotel located in the north-gu Office C at the time of the pertinent day, while under the influence of alcohol on the roads in front of the D hotel, the Defendant: (b) demanded F, etc. to leave the vehicle to take a drinking test; (c) while flying to the port support parking lot of the Daegu District Court; (d) while flying to the Daegu District Court, the Defendant 2nded the central line on two occasions; and (e) violated the signal 12 times, thereby causing danger to traffic on other vehicles.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the result of crackdown on driving;

1. Application of investigation report (a suspect's escape and arrest status), investigation report (a motion picture patroler and boomer video) Acts and subordinate statutes;

1. Article 148-2 (2) 2, Article 44 (1) of the relevant Act on the Traffic of Roads, Article 151-2, and Article 46-3 of the Road Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the accused confessions the facts charged in the instant case and repents the wrong facts; (b) the accused has no past record of being punished as a crime of violating the Road Traffic Act; and and (c) the sentencing conditions specified in the pleadings in the instant case, including the Defendant’s age, environment, and sexual behavior, shall be determined as per the Disposition, taking into account all the various circumstances that form the conditions for sentencing