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(영문) 대구지방법원 2016.11.24 2016고단4136

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

[criminal power] The Defendant is a person who has been issued a summary order of two million won for the same crime from the Daegu District Court on November 12, 2007 to the Seo-gu District Court on the charge of violation of the Road Traffic Act. The Defendant is a person who has twice the record of drinking driving under the influence of two times, such as being sentenced to a fine of two million won for the same crime from the Daegu District Court on October 20, 209.

【Criminal Facts】

On August 23, 2016, at around 23:20, the Defendant driven a vehicle B with approximately 100 meters at a distance from the road front of a sloping restaurant located in the south-gu Yancheon-Eup principle at the port at the port to the end of the rest of the studio located in the same Ri, under the influence of alcohol level of 0.128%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstances of an employee;

1. Making a report on the control of drinking driving;

1. Before ruling: The application of criminal records and other Acts and subordinate statutes;

1. Relevant Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting the crime;

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

1. The frequency and time when the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order was punished for the same kind of crime (the number of fines in 2007 and 2009). The numerical value of blood alcohol concentration at the time of driving under the influence that the result of the instant criminal trial would have an impact on the defendant's occupation, family and support relationship, family members and support relationship, character and conduct, intelligence and environment of the defendant, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined as ordered in consideration of various sentencing factors as shown in the pleadings of the instant case.