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(영문) 대구지방법원 안동지원 2012.08.24 2012고합99

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On July 3, 2008, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act (driving) in the Daegu District Court’s Ansan Branch on July 3, 2008, and a summary order of 2.5 million won for the same crime from the same support on October 1, 2009, and on November 22, 2010, sentenced four months to imprisonment for a violation of the Road Traffic Act (driving) from the same support on November 22, 201, and completed the execution of the sentence on March 20, 201.

On June 14, 2012, the Defendant, as a person who violated the provision on the prohibition of drunk driving twice or more, drives C body-man car at the section of approximately 1km from the road under the direction of the Do in front of the “bank restaurant” located in the Taedong-si, Andong-si, Andong-si, while under the influence of 0.118% of the blood alcohol content around 22:45, the Defendant driven C body-man car at the section of the road up to approximately 1km.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving and investigation report (the circumstantial report on drinking drivers);

1. Previous records: Application of criminal records, etc. and investigation reports (verification of repeated offenses and reporting accompanying judgments of the same kind) 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 which choose the penalty for a crime;

1. Article 35 of the Criminal Act among repeated crimes;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is an act that may pose a fatal damage to the life and property of a person who is not only his/her own but also another person, and the current Road Traffic Act provides that a person who has violated the prohibition of drinking driving two times or more shall be punished more strictly in cases of driving under the influence of alcohol.

In light of the fact that the Defendant had been sentenced to four times or more including two times of punishment due to drinking driving, etc. in the past, and completed the execution of four months of imprisonment due to driving without a license or driving under influence, and repeated the instant crime even during the period of repeated offense, and the blood alcohol concentration is higher than 0.118%.