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(영문) 대구지방법원 2016.10.13 2016고단4116

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 20, 2008, the Defendant received a summary order of KRW 1.5 million from the Daegu District Court to a fine of KRW 1.5 million due to a violation of the Road Traffic Act, and on August 5, 2009, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving).

【Criminal Facts】

On August 23, 2016, at around 23:13, the Defendant driven a BS350 vehicle under the influence of alcohol level of approximately 0.081% from the front of a mutually influent restaurant located in the Daegu Suwon-dong to the front of the children's hall located in the same Gu Geum-dong to the road 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. Making a report on the control of drinking driving;

1. Before ruling: References to criminal records and investigation reports (verification of the same attached records) shall apply to statutes;

1. Relevant Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and other factors such as: (i) the full charge of the same crime; (ii) the fact that the defendant does not commit the same crime for a considerable period after around 2009; and (iii) the fact that the blood alcohol concentration of the defendant is less than 0.1%);

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;