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(영문) 대구지방법원 서부지원 2019.02.22 2018고단1488
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 8, 2008, the Defendant was sentenced to a summary order of KRW 1,50,000 to a fine for a violation of the Road Traffic Act in the Western Branch of the Daegu District Court, and on January 6, 2011, the Defendant was sentenced to a suspended sentence of three years for a violation of the Road Traffic Act.

On March 21, 2018, at around 21:58, the Defendant, while driving the said taxi under the influence of alcohol by drinking alcohol in Seo-gu, Daegu, Seo-gu, and moving approximately 114 meters to the front side of the F Licensed Real Estate Agent in Seo-gu, Seo-gu, and parked the taxi and fastening it in the taxi. On March 22, 2018, at around 01:19, the Defendant driven the said taxi under the influence of alcohol concentration of about 0.138%, while driving the said taxi and driving the taxi under the influence of alcohol level of about five meters.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and the statement of the status of drinking drivers;

1. 112. List of reported cases;

1. An investigation report (in relation to the field conditions, etc.), an investigation report (in relation to the confirmation of CCTVs for crime prevention), a closure photograph and an investigation report (in relation to the confirmation of distance of driving a suspect), on the surface of a suspect driving;

1. Previous convictions in judgment: Reporting on criminal investigations (Attachment of judgment) and application of Acts and subordinate statutes concerning criminal records;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that the Defendant had the record of being punished for drinking-free driving, and even during the period of repeated crime of special obstruction of performance of official duties, he/she again drives the instant drinking-free driving, and the risk of drinking-free driving is considered, there is a need for

However, the defendant's mistake is recognized, and the defendant does not commit a second offense while opposing his or her mind, and the defendant's parents and scambly appeal against it, the health of the defendant is not good (cambia, etc.), and the parents and scamblings against the defendant.

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