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(영문) 대구지방법원 김천지원 2013.06.12 2013고단324

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

On July 27, 2009, the Defendant was issued a summary order of 2 million won or more as a fine for a violation of the Road Traffic Act, and 2.5 million won or more as a fine at the Busan District Court on April 18, 201.

On March 30, 2013, at around 23:10, the Defendant driven B rocketing car while under the influence of alcohol of about 0.061% of alcohol content at the 50m section before the police box located in the same Dong from the front of the mutually influent restaurant located in the Yellow-si, Yongsan-si to the road before the police box located in the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous conviction: Application of a copy of summary order or of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are not well-founded despite having been sentenced several times of criminal punishment due to drunk driving, and the criminal liability for the crime of this case is not exceptionally applied to the crime of this case. However, on the other hand, the defendant has no record of punishment heavier than the suspended sentence, and is against the law, etc., the punishment is determined as ordered.