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(영문) 대구지방법원 2018.07.18 2018고정567

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 4, 2010, the Defendant, at the Daegu District Court, issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act, and on April 22, 201, issued a summary order of KRW 2.5 million for the same crime at the same court on April 22, 201, respectively, to drive alcohol at least twice.

On March 20, 2018, at around 23:59, the Defendant driven B benz automobiles under the influence of alcohol concentration of about 0.137% from the 2km section to the 827 claim - the compensation for the same Gu government bonds from the front of the mutually influent restaurant in the village amusement park in Daegu-gu, Daegu-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous conviction: Application of a written inquiry about criminal history and other Acts and subordinate statutes;

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

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 include the fact that the defendant has been punished three times for the same crime; that the defendant's blood content is high; that the defendant reflects his blood; and that the defendant's age, sex, environment, motive of the crime, circumstances after the crime, etc., the punishment as ordered shall be determined by taking into account the following factors: