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(영문) 대구지방법원 2016.03.24 2016고단35

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On September 15, 2004, the defendant was sentenced to one year of imprisonment for a violation of road traffic law (drinking driving) at the Daegu District Court, and on May 19, 2009, the same court was sentenced to two years of suspended execution for six months of imprisonment for the same crime and became final and conclusive on May 27, 2009.

[Criminal Facts] On January 6, 201, the Defendant driven B1 ton cargo vehicles under the influence of alcohol content of about 150 meters at approximately 0.069% in a section of about 150 meters from the front Dokn-si Dokn-si, Jin-si, Busan, to the front Dokn-si Dokn-si Don of the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. A written inquiry about the results of crackdown on the driving of drinking and a circumstantial report on the driver of drinking alcohol;

1. References to inquiries, such as criminal history, report on investigation (verification of previous records, and copies of each written judgment) shall apply to statutes;

1. Subparagraph 1 of Article 148-2 and Article 44 (1) of the former Road Traffic Act (Act No. 10382) applicable to the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act not only has the record of having been punished several times for the same kind of crime, but also the fact that the defendant committed the instant crime during the period of suspension of execution, which is not good enough to form a crime. However, considering the defendant's age, sex, environment, and motive, means, and result leading to the instant crime, circumstances after the crime, and all other circumstances constituting the condition for sentencing as indicated in the records and changes of the instant case, the punishment shall be determined as ordered by taking account of the defendant's age, sex, environment, and motive, means and consequence leading to the instant crime.