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(영문) 대구지방법원 김천지원 2018.03.08 2017고단1529
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 21, 2013, the Defendant was issued a summary order of KRW 2 million due to a crime of violating the Road Traffic Act at the Busan District Court on May 21, 2013, and on November 7, 2013, the same court was sentenced to a fine of KRW 1.5 million due to the same crime and was punished for driving under drinking more than twice.

On October 12, 2017, the Defendant driven B rocketing car with approximately 0.063% alcohol concentration in blood at the section of about 1km from the front of the 20-5-dong, Gu-Si, Gu-si to the front road of the 1km-dong, Gu-Si, Gu-si, 31-7, Gu-Si, Do-si, 31-1.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol and the application of Acts and subordinate statutes of reports on the circumstances of drivers;

1. Relevant legal provisions and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of punishment for a crime, and the selection of imprisonment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment is to be determined as ordered in full view of all the circumstances, including the following: (a) a repeated crime committed during the period of repeated crime for which the punishment is imposed; (b) the degree of alcohol concentration during blood transfusion; (c) there is no criminal record exceeding the fine; (d) the circumstances leading to the crime; and (e) the background leading to the crime; and

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