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(영문) 대구지방법원 경주지원 2019.01.10 2018고단701
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Criminal Power] On January 15, 2009, the Defendant was sentenced to the suspension of indictment for a violation of the Road Traffic Act at the Ulsan District Prosecutors' Office, and was issued a summary order of KRW 1,50,000 as a fine at the Ulsan District Court on July 11, 2012.

【Criminal Facts】

On September 7, 2018, at around 20:47, the Defendant driven an FST5 vehicle while under the influence of alcohol content of about 0.114% from the 2km section from the front of the C convenience store located in P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P, P

As a result, the suspect has violated the Road Traffic Act's prohibition regulations on drinking driving more than twice and has driven a car under the influence of alcohol in violation of the same prohibition regulations on drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Investigation report (Confirmation of the same kind of power) - A copy of the decision; and

1. On-site report (related to sound driving power) - Application of the Acts and subordinate statutes to the regulations on drinking driving control;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. For the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the sentence as ordered shall be determined by taking into account the Defendant’s records of drinking alcohol (0.052.% of blood alcohol concentration on December 14, 2008; 0.055% of blood alcohol concentration on March 29, 2012); the blood alcohol concentration in the instant case; the process of driving alcohol in the instant case; the Defendant’s age, character and conduct, environment, circumstances after the crime, etc., and other conditions of sentencing as indicated in the arguments and records of the instant case.

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