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(영문) 대구지방법원 포항지원 2016.09.07 2016고단235

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 2, 2006, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, and on December 15, 2011, the Defendant received a summary order of KRW 3 million as a fine for the same crime in the same court.

Despite the fact that the Defendant had been punished twice or more for a violation of the Road Traffic Act as above, the Defendant driven B K5 cars from the section of about 800 meters from the 00-meter radius to the front road of a large volume elementary school located in the same Dong and located in the north-gu in the port of port at around 01:03 on February 14, 2016, while under the influence of alcohol of 0.153% of the blood alcohol content.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. A written consent to the collection of blood and an appraisal report on the concentration of blood alcohol;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting a crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, the selection of fines (including the frequency, interval, etc. of the power of running a sound driving);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;