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(영문) 대구지방법원 안동지원 2018.09.07 2018고단264
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 1 million on July 25, 2008 as a crime of violating the Road Traffic Act (drinking driving) in the inn of the Sugwon Friwon, and on November 20, 2008, issued a summary order of KRW 3 million due to a crime of violating the Road Traffic Act (drinking driving) in the Young River Support of the Chuncheon District Court on November 20, 2008, and on August 18, 2016, the Defendant was issued a summary order of KRW 3 million due to a crime of habitual gambling at the Daegu District Court on August 18, 2016, and was sentenced to a suspended sentence of KRW 2 years and a fine of KRW 3 million on August 26, 2016.

[2] Although Defendant 1 was punished as a crime of violating the Road Traffic Act at least twice as seen above, Defendant 2 driven a 12 km car from around the front of the head of a funeral hall in the Yan-gun in the front line of the law, while under the influence of alcohol at 0.080% of the alcohol during blood transfusion around April 17, 2018, Defendant 2 driven around 12 km in front of the head of a funeral hall.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the situation of the driver;

1. Making teas;

1. Previous convictions in judgment: Application of a written reply to inquiry, such as criminal history, report on investigation (A), and Acts and subordinate statutes during the period of suspension of execution;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant has been punished twice by a fine due to drinking alcohol driving, and the Defendant is highly likely to be subject to criticism against the instant crime without being able to do so during the suspension period of execution due to the instant crime.

However, the defendant recognizes his mistake and is against his will.

The defendant's blood alcohol concentration level is relatively high, and the driving of drinking did not cause a traffic accident.

The defendant is not less than a suspended sentence for the same crime.

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