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(영문) 대구지방법원 서부지원 2016.09.28 2016고정650

도로교통법위반(음주운전)등

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 August 7, 2008, the Defendant received a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) from the Seogu District Court Branch on August 7, 2008, and received a summary order of KRW 3 million as a fine for the same crime from the same support on February 29, 2016.

On June 7, 2016, while under the influence of alcohol leveling to 0.150% of the blood alcohol level around 16:00, the Defendant driven a bicycle for a motor engine engine at approximately 50m section in front of a 77-way 50-way Myeonnpo-gun, Daegu-gun, without a motor device bicycle driver's license, on the front of a Myeonnpo-gun, the Donpo-gu, Daegu-gun, a Donpo-gu, a Donpo-gu, a Don

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on detection of a driver at the main place, a written statement of the driver at the main place and the register of driver's licenses;

1. Application of Acts and subordinate statutes to inquiries about criminal history and investigation reports (a copy of a summary order);

1. Article 148-2 (1) 1, Article 44 (1) (the point of drinking), subparagraph 2 of Article 154 and Article 43 of the Traffic Act concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 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;