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(영문) 대구지방법원 서부지원 2014.01.15 2013고정1317

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On July 1, 2013, at around 03:45, the Defendant driven B Poter truck under the influence of alcohol with approximately 700 meters alcohol concentration of approximately 0.237% from the front line of the North U. S.N., located in Seo-gu, Daegu Scatteringdong to the front line of 712-22.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Report on actions taken against an employer, and report on the status of an employer-employed driver;

1. The application of Acts and subordinate statutes in a written request for appraisal of blood alcohol concentration;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

1. Detention at a workhouse: Articles 70 and 69 (2) of the Criminal Act;

1. Provisional Payment Order: In light of the criminal records of the Defendant’s violation of the Road Traffic Act on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, there were several criminal records prior to 2005, and in addition, in 2005, the Defendant was sentenced to a suspended sentence of 8 months as a result of the crime of refusing to take a alcohol test, and was sentenced to a suspended sentence of 3 million won by repeating the crime of drunk driving on April 2008.

Nevertheless, the defendant commits another offense.

The character and conduct of a defendant, the revised Road Traffic Act, which is revealed in a large number of criminal records as above, provides that a criminal defendant shall be punished strictly by increasing the statutory penalty for the crime of drunk driving, and the balance with many sentencing precedents applied by the revised Road Traffic Act shall be considered: Provided, That the punishment as ordered shall be determined in consideration of the financial situation of the defendant's difficulty.