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(영문) 대구지방법원 포항지원 2016.12.21 2016고단1330

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

On June 1, 2011, the Defendant was given a summary order of KRW 1 million for a crime of violating the Road Traffic Act, at the port branch of the Daegu District Court, and on October 31, 2013, the Defendant received a summary order of KRW 700,000 as a fine for the same crime in the same court.

Despite the fact that the Defendant had been punished twice or more for the violation of the Road Traffic Act, the Defendant driven B K7 car from approximately 200 meters at a distance of 200 meters to the road near the common restaurant in the south-gu at port during the port of port to the booming road in the same Dong, while under the influence of alcohol at around 23:30 on October 14, 2016, at around 0.128% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the state of drinking drivers, and making the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the same type judgment) and Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose a sentence, and the choice of fines ( Consideration of the frequency and interval of driving force of a motor vehicle, the frequency of drinking alcohol in this case, driving distance, etc.);

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;