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(영문) 대구지방법원 2017.08.01 2017고단3257

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been punished for driving under drinking at the Daegu District Court on August 10, 2006 by being sentenced to a fine of KRW 1.5 million and a fine of KRW 1.5 million in the same court on July 1, 2009 for the same crime at least two times.

[2] On April 18, 2017, the Defendant, while under the influence of alcohol of 00:0% on blood, driven a b.5km freight vehicle at approximately 1.5km from the front of a mutually infinite cafeteria located in the Dobong-dong, Nam-gu, Daegu to the road of about 00:27, the same day, from around 00:27, to around 24, Nam-gu, Daegu.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (final confirmation of judgment), one copy of judgment, and two copies of summary order under Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the choice of a fine (the Defendant committed the instant crime during the period of suspension of execution due to this type of crime, but the previous record of his/her judgment was the entire record of driving under the influence of alcohol by the Defendant, and the Defendant’s final record of driving under the influence of alcohol was the past seven years of more than seven years, and the Defendant would not repeat again;

The fine was selected in consideration of the fact that the fine was different)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;