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(영문) 대구지방법원 경주지원 2018.11.29 2018고단509
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10 million.

Where the defendant fails to pay the above fine, one hundred thousand won shall be paid.

Reasons

Punishment of the crime

[2] On September 12, 2007, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon support, and on February 26, 2010, the Defendant was issued a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act (driving) on the grounds of a violation of the Road Traffic Act. On June 15, 2012, the Defendant was sentenced to a fine of KRW 6 million in the same court on June 30, 2017, and on June 30, 2017, the Defendant was sentenced to a suspended sentence of KRW 1 year and six months for a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes (such as a driver’s assault, etc.) and the judgment becomes final and conclusive on July 8, 2017.

[2] On July 4, 2018, the Defendant: (a) driven a mast car while under the influence of alcohol by 0.226% from the 10km section to the 10km road of the same city as the 2015 square meters-ro tin in the city of Jin-si from the 21:45 on July 4, 2018 to the 2015-day road.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. A report on investigation (a report on confirmation of the same record as the suspect);

1. Application of Acts and subordinate statutes to a report on investigation;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, driven an automobile under the influence of alcohol.

In the past, there is a record of being sentenced to a fine several times due to drinking driving, etc.

A separate crime is a crime of violation of the Act on the Aggravated Punishment, etc. of Specific Crimes.

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