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(영문) 대구지방법원 2013.06.20 2013고단2743

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

Criminal power is a person who has been sentenced to a fine of KRW 2,00,000 for a violation of the Road Traffic Act at the Daegu District Court on August 30, 2007, and a fine of KRW 2,500 for a violation of the Road Traffic Act at the Seog Branch of the Daegu District Court on March 3, 2009.

Criminal facts

On March 31, 2013, at around 08:45, the Defendant driven a B car under the influence of alcohol with a blood alcohol content of about 0.053% 0.053% from the front side of the Geumsan City located in the Gambol-dong in the Gambol-dong in the Gambol-si, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. Previous for judgment: Application of Acts and subordinate statutes on criminal records, etc. inquiry reports, copies of summary orders, and records of management and inquiry reports;

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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The punishment shall be determined as ordered in consideration of the following facts: although the defendant's reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order are not minor, considering the fact that the defendant does not reach recidivism, the fact that the defendant is discovered on the day's work route due to excessiveness before the date of detection, and the fact that the drinking water is not high;