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(영문) 대구지방법원 포항지원 2016.08.17 2016고단778

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 16, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of road traffic law (drinking) from the Daegu District Court Port Branch, and on August 16, 2010, issued a summary order of KRW 1,50,000 as a fine for the same crime in the same court.

Although the Defendant had been punished twice or more due to the violation of the Road Traffic Act (driving) as above, on June 17, 2016, 2016, the Defendant driven BWD car in the area of about 100 meters from the road near the bus terminal at the port of port in the south-gu under the influence of alcohol content of 0.122% at around 02:24, Jun. 17, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. The driver's license ledger;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the same final judgment, etc.) Acts and subordinate statutes;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for the crime (such as the fact that the defendant reflects his/her mistake, and the frequency and interval, etc. of the previous drinking driving)

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

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