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(영문) 대구지방법원 안동지원 2018.01.26 2017고단734

도로교통법위반(음주운전)

Text

1. The sentence against the accused shall be determined by a fine of eight million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal history] On August 22, 2014, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law in the Daegu District Court’s support on August 22, 2014, and a summary order of KRW 3 million for the same crime in the Daegu District Court’s Kimcheon support on April 15, 2016.

[ 범죄사실] 피고인은 2017. 10. 29. 07:58 경 영주시 대동로 2에 있는 ‘ 세 영리 첼 아파트’ 앞 도로에서부터 같은 시 광복로 80에 있는 ‘ 세화 페인트’ 앞 도로에 이르기까지 약 2km 구간에서 혈 중 알코올 농도 0.084% 의 술에 취한 상태로 B K5 승용차를 운전하였다.

Summary of Evidence

1. Statement by the defendant in court;

1. C's written statement related to traffic accidents;

1. A report on the occurrence of a traffic accident, a report on the state of driving, an investigation report (report on the state of the driver who is placed in the main place), inquiry into the results of crackdown on drinking driving, a report on actual condition, and an on-site

1. References to inquiries, such as criminal history, and application of Acts and subordinate statutes on investigation reports (verification of the suspect's same criminal history);

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 reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act with respect to the instant crime is not good in light of the background, risk, etc. of the crime.

The defendant committed the crime of this case, even though he had a record of criminal punishment due to drinking driving twice as stated in its reasoning.

This is an unfavorable circumstance to the defendant.

The Defendant led to confession and reflect on the crime of this case.

There is no record of criminal punishment except for the defendant who has been punished twice as stated in its reasoning.

This is the circumstances favorable to the defendant.

In addition, in consideration of all the circumstances shown in the arguments and records of the case, such as the age, sex, environment, and circumstances after the crime, the punishment as ordered shall be determined.