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(영문) 대구지방법원 포항지원 2016.08.24 2016고단748

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

On June 1, 2010, the Defendant issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the Daegu District Court Port Branch on June 1, 2010, and a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) in the same court on November 18, 2013.

Although the Defendant had been driving force twice or more as above, on May 5, 2016, at around 04:00, he driven B K3 cars while under the influence of alcohol content of about 0.088% in the area of about 5km from the front day of the Korean official drinking road located in the Dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (Attachment to the judgment attached to the same type of crime record);

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning criminal facts, the selection of fines (such as the reflection of the defendant's mistake, the frequency and interval of the power of drinking, the degree of drinking volume of the case, etc.);

1. Articles 70 and 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;