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(영문) 대구지방법원 포항지원 2016.04.21 2016고단122

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On July 1, 2008, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violating road traffic law in the port branch of the Daegu District Court on July 1, 2008. On July 18, 2012, the Defendant was sentenced to imprisonment for the same crime and completed the execution of the sentence on May 4, 2013.

[2] On January 29, 2016, around 03:32, the Defendant driven B-G car under the influence of alcohol concentration of 0.113% in blood, from about 1k meters to the road front of the Dong Maart-dong Port Medical Center in order to ensure that the Defendant driven B-G car under the influence of alcohol concentration of 0.113% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the judgment and acceptance status of the same kind of force);

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

1. Article 35 of the Criminal Act for aggravated repeated crimes;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: The fact that the Defendant was punished three times as well as the punishment due to a crime that is subject to driving of alcohol, the crime of this case constitutes the same type of repeated crime, and other circumstances favorable to the fact that the Defendant was punished, including the punishment, falls under the same type of repeated crime; the Defendant did not cause a traffic accident due to a simple drinking; the Defendant committed a repeated crime during the period of repeated crime but most of the repeated crimes have expired; and all of the crimes are against the Defendant’s wrong recognition;