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(영문) 대구지방법원 김천지원 2014.03.26 2013고단1737

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 26, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 26, 2007, and was issued a summary order of 700,000 won for the same crime in the same court on April 2, 2010, and a summary order of 1 million won for the same crime in the same court on June 3, 201.

On November 27, 2013, at around 00:35, the Defendant driven a B-hand car under the influence of alcohol concentration of 0.133% in front of the SK Oil Station located in the Gu-si Do-si.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (report on the confirmation of the same criminal records) and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had the record of being punished several times due to drinking driving as stated in its reasoning, and the liability for the crime of this case is not less exceptionally applied, but there is no other previous record, and the defendant has been raising a child by neglecting her husband after divorce with her husband, a basic living recipient, and a health is not good.