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(영문) 대구지방법원 포항지원 2018.02.07 2017고단1545
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 March 10, 2016, the Defendant was issued a summary order of KRW 1 million for a crime of violating road traffic law (drinking driving) at the port branch of the Daegu District Court on March 10, 2016, and a summary order of KRW 2 million for the same crime in the Yeongdeungpo Branch of the Daegu District Court on August 13, 2009.

On November 28, 2017, under the influence of alcohol level of 0.128% among the blood transfusion around 21:21, the Defendant driven BM7 car at a section of approximately 100 meters from the yellow Pool road located in the upper east-gu, South-gu, west-do, at the port of the border, at the same time from the yellow Pool to the front road of the same TM7 vehicle.

Accordingly, the Defendant, who violated Article 44(1) of the Road Traffic Act not less than twice, has driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes to the results of inquiry into data, such as criminal history, and criminal investigation reports (Attachment to a copy of the previous judgment);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for the crime ( Consideration of the frequency, interval, etc. of past records of driving alcohol);

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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