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(영문) 대구지방법원 김천지원 2015.03.05 2014고단1482
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding nine million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court on April 18, 2007, issued a summary order of one million won or more as a crime of violating the Road Traffic Act, and on May 27, 2010, a summary order of 3.5 million won or more as a fine for the same crime in the same court on May 27, 2010, respectively. On October 25, 2013, the Defendant was sentenced to a suspended sentence of 10 months with imprisonment for the same crime in the Daegu District Court Kimcheon branch on October 25, 2013.

On July 20, 2014, at around 02:25, the Defendant driven a e-car under the influence of alcohol of about 0.189 percent of blood alcohol concentration at the section of approximately 1 kilometer from the front of the cafeteria located in the Sinsi-si, Sinsi-si to the front of the Gunsi-si, Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the occurrence of traffic accidents, reports on the circumstances of a driver, on-site photographs, and actual condition survey reports;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (verification reports of the same kind of records driving);

1. Article 148-2(2)2 and Article 44(1) of the Road Traffic Act regarding criminal facts and Article 148-2(2)2 and Article 44(1) of the Act on the Selection of Punishment, etc. (the punishment should be imposed in that the crime committed during the period of suspension of execution of sentence is severe and causes an accident. However, the defendant, after being divorced from his wife, has taken care of both children and has been in charge of taking care of the two children. The defendant's custody of the two children after being divorced from his wife, has taken into account the influence of the defendant's custody on the two children, the details of the birth of the two children, the circumstances leading to the defendant's crime, the damage caused by the crime as a physical accident, and the health of the defendant appears to be good, and the defendant's health is divided by wrong confession and the sale of the vehicle as indicated in the judgment and not re-offending the crime).

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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