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(영문) 대구지방법원 상주지원 2013.11.19 2013고단379

도로교통법위반(음주운전)

Text

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

Where the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

To the extent that there is no concern about substantial disadvantage to the defendant's exercise of his/her right of defense, facts constituting a crime are recognized by rhyming

On September 10, 2007 and January 30, 201, each of the Defendant violated Article 44(1) of the Road Traffic Act, but on September 5, 2013, at around 0:39, the Defendant, at around 0:113% of the blood alcohol concentration of 0.113% at the time of residing in the border boiler office located in the middle of the 199-1 Sinyang-dong 19-1, the Defendant driven C Poter truck in the section of approximately 30km of the front way of the document center located in the new village of the documents in the front of the permanent boiler office located in the 199-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the results of the crackdown on drinking driving, the results thereof, and the statement of the situation of drinking drivers;

1. Application of each of the statutes governing the judgment;

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

1. Although the Defendant, who was selected to be sentenced, could choose to imprisonment when committing the instant crime during the period of repeated crime due to the same crime, it is not likely that the Defendant had a high blood alcohol level, but was under the control of the Defendant while operating a workplace on the following day after drinking alcohol on the day immediately preceding the day of driving and diving, and thus, there are some circumstances to take into account the fact that the Defendant was under the control of the Defendant while operating a workplace on the following day after drinking alcohol on the day before driving

1. Articles 70 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;