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(영문) 대구지방법원 경주지원 2012.08.24 2012고합71

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 1, 2008, the Defendant was sentenced to a summary order of KRW 1.5 million for a violation of the Road Traffic Act in Daegu District Court racing support, and on May 27, 2010, the Defendant was sentenced to imprisonment for six months for a violation of the Road Traffic Act in Daegu District Court racing support.

On April 23, 2012, at around 13:47, the Defendant driven C-ray Cargo Vehicles with approximately 0.073% of blood alcohol concentration in the section of about 500 meters from the front of the Defendant’s friendly-gu B’s house to the roads near the same luminous ginseng distance.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of the driver, report on the detection of the driver, and report on the driver;

1. Previous records of judgment: Criminal records, etc. inquiry reports, previous records of disposition, results of confirmation, and application of Acts and subordinate statutes (a summary order and attachment of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The defendant, who has been sentenced to a fine, suspension of execution, and punishment on several occasions due to driving under the influence of alcohol, committed the crime in this case during the repeated crime period due to the same kind of crime, the Road Traffic Act was amended to strengthen the punishment for driving under the influence of alcohol, the drinking volume of this case is relatively high, the defendant's age, character and behavior, environment, motive, means and consequence of the crime in this case, and the circumstances after the crime, etc., are considered in consideration of all the sentencing conditions indicated in the records of this case.

It is so decided as per Disposition for the above reasons.