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(영문) 대구지방법원 의성지원 2017.09.07 2017고정65

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On April 2, 2008, the Defendant was sentenced to 6 months of imprisonment and 2 years of suspended sentence for a crime of violating the Road Traffic Act at the Daegu District Court on April 2, 2008. On July 12, 2012, the above court issued a summary order of 4 million won for the same crime, etc., and was sentenced to 6 months of imprisonment and 2 years of suspended sentence for the same crime in the sex support of the Daegu District Court on March 28, 2013.

On July 11, 2017, the Defendant driven Csch Rexton car under the influence of alcohol concentration of about 0.070% in the middle of the blood, from around 8km to the front of the wing-ro office in the wing-ro of the Sungsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongsung-gun of the Gyeongyang

As a result, the Defendant once again driven a car under the influence of alcohol even though he had a history of violating the prohibition of driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Records of crime: Application of Acts and subordinate statutes, such as a reply to inquiries, such as criminal history, and written judgments attached to investigation reports (Attachment to the records of the same criminal suspect punishment);

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

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act three times has been punished for the defendant for the same offense is disadvantageous to the defendant, or that the defendant's alcohol level was not high at the time of driving the drinking of this case, and the defendant is a disabled person of Grade III with mental disorder, is a basic living recipient, and the defendant's age, sexual behavior, environment, and circumstances leading to the crime are determined as ordered to reduce the amount of fine for the summary order by taking into account all the sentencing conditions.