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(영문) 대구지방법원 2018.10.18 2018고단3164

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 4, 2012, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of KRW 3 million for a crime of violating the Road Traffic Act in the Busan District Court's Dong Branch Branch (DV) on two or more occasions, and on February 10, 201, the Defendant was sentenced to a fine of KRW 2 million for the same crime in the same court.

On May 1, 2018, the Defendant driven a b bargaining car with alcohol content of 0.085% 0.085% during blood transfusion, and operated the section of approximately 17km to the front road of the Kimhae-do in front of the Dju-dong located in Kimhae-si C at the same time on the road located in front of the Dju-dong located in Kimhae-si at the same time.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Written inquiry about criminal history, etc.;

1. Application of investigation reports (verification of past records of punishment for drinking driving and attachment of judgment, etc.);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- As much as there is a possibility of misunderstanding the instant crime during the period of repeated crimes due to the violation of the Narcotics Control Act (hereinafter referred to as "Act") - the recognition and reflect of the crime, and the re-driving of alcohol;