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(영문) 대구지방법원 2016.11.29 2016고단4695

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

[criminal power] On June 11, 2007, the Defendant issued a summary order of KRW 1 million for a violation of the Road Traffic Act at the Daegu District Court on the summary order, and on May 10, 2012, the summary order of KRW 4 million for a violation of the Road Traffic Act at the Daegu District Court and the Daegu District Court racing support.

【Criminal Facts】

On September 29, 2016, the Defendant, as a person who had a alcohol driving force twice or more as above, driven B Poter in the state of alcohol alcohol concentration of about 200 meters from the front of the Jin restaurant located in the Yancheon-si, Young-gu, North Yongcheon-do to the front road of the forest restaurant located in the same Ri, the Defendant driven B Poter under the influence of alcohol concentration of about 0.128%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Judgment division: Application of Acts and subordinate statutes on criminal records, etc., and copies of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act that choose the penalty, and the choice of a fine (such as the fact that the criminal defendant's records of drinking driving are the whole subjects of judgment, and that the criminal defendant would not repeat the recidivism again);

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;