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(영문) 대구지방법원 2017.04.27 2017고단1523
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 January 25, 2007, the Defendant was sentenced to a fine of three million won due to a crime of violating road traffic law (drinking) at the Daegu District Court on January 25, 2007, and on September 27, 2010, the Defendant was sentenced to a fine of two million won or more for the same crime and was sentenced to a fine of two million won or more for the same crime at the same court.

On March 3, 2017, at around 03:25, the Defendant driven a vehicle B in the state of alcohol with approximately 0.078% alcohol level in the front of the Dongcheon-dong, Daegu Northern-dong, Daegu-do, 3rd-dong, Docheon-dong, with approximately 20 meters alcohol level around the roads in front of Dongcheon-dong new bank.

Summary of Evidence

1. Statement by the defendant in court;

1. An appraiser of the National Institute of Scientific Investigation;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of fines (the fact that the defendant's final record of driving alcohol has been past six years of more than six years, the defendant's blood alcohol concentration level is less than 0.1%, and the defendant's non-compliance with re-violation of a crime is expected not to be re-feasible;

(3) such consideration as the

1. Article 70(1) and Article 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;

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