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(영문) 대구지방법원 경주지원 2013.07.10 2013고단297

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On April 16, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act on two or more occasions by receiving a summary order of KRW 3 million from the Daegu District Court's Port Branch on April 16, 2007 by a fine of KRW 5 million due to a violation of the Road Traffic Act (driving) and a violation of Article 44(1) of the Road Traffic Act by the same court on August 16, 2012.

Nevertheless, at around 23:40 on April 9, 2013, the Defendant driven an E Car with blood alcohol content of about 0.152% from the 20km section to the national highway No. 7 in order to gather from the front way of the New Port Steel Corporation in the Shin-dong, Young-si, Sin-si, Sinpo-si to the national highway No. 7 in the front day of the Seocheon-si, Seocheon-si.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a host driver;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

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

1. The two punishments of Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had a record of criminal punishment several times for the same crime, again committed the crime in this case. The drinking water and driving distance at the time of the crime in this case are also reasonable, and the defendant has damaged another's property due to the crime in this case. Considering the above, it is reasonable to strictly punish the defendant.

However, the defendant was divided into his own crime and did not repeat again, and there has been no criminal punishment heavier than that of the suspension of the execution of imprisonment, the defendant can be dismissed if he is sentenced to imprisonment without prison labor or a heavier punishment under the rules of employment of the company with which the defendant has been employed, and the defendant will be placed in preference only once, taking into account all the circumstances shown in the arguments in this case, such as the age, character and conduct, environment, and circumstances after the crime. It is so decided as per Disposition.

The Institute of Jind Co., Ltd.