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(영문) 대구지방법원 경주지원 2012.06.01 2012고합37

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On May 16, 2007, the Defendant was notified of a summary order of a fine of KRW 4 million due to a violation of the Road Traffic Act, etc. at the port branch of the Daegu District Court, and on November 15, 2007, the Defendant was sentenced to a suspended sentence of six months for a violation of the Road Traffic Act.

On March 28, 2012, at around 00:18, the Defendant driven C observer car with approximately 700 meters alcohol concentration of approximately 0.083% under the influence of alcohol from the 700m section of the racing 114 front roads in the racing-si, Sin-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Before ruling: Application of inquiry reports on criminal records, etc., investigation reports (a summary order and a copy of judgment) and statutes;

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. In light of the fact that the defendant, who has been sentenced to a suspended sentence, has been sentenced to a fine on several occasions due to drinking driving, has been sentenced to a suspended sentence, and the Road Traffic Act has been amended, the punishment for driving under the influence of alcohol is strengthened, etc., the defendant should be subject to a strict punishment. However, the fact that the amount of drinking of this case is not high, the defendant's mistake is deeply divided, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of 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.