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(영문) 대구지방법원 포항지원 2019.03.21 2019고단1

도로교통법위반(음주운전)

Text

The sentence against the accused shall be 6,00,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On May 15, 2013, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and KRW 2 million as a fine in the same court on January 12, 2018, respectively.

On December 4, 2018, at around 01:15, the Defendant driven a DMW 520d car under the influence of alcohol 0.073% from the 4km section of approximately 4km of blood alcohol to the above road of the island to the island to the island to be sunken in Ocheon-gu, Eup in the same Gu.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous convictions: Application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

1. Selection of an alternative fine (the election of a fine shall be taken into consideration, such as the fact that the failure is reflected, the blood alcohol concentration is not significantly high, the traffic accident has not occurred due to the operation of this case, and the fact that there is no criminal record exceeding the fine, etc.);

1. Articles 70 (1) 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;