(영문) 대구지방법원 2018.11.01 2018고단4068

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대구지방법원 2018.11.01 2018고단4068

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 August 28, 2018, at around 01:05, the Defendant driven a B-Apex motor vehicle in the state of alcohol alcohol concentration of approximately 4.7 km from the front of a cafeteria located in the G-U.S. Simsan-si, G-U. Simsan-si to the G-U.S. D-U. Do road located in the G-U.S. Simsan-si, the Defendant driven a B-Apex motor vehicle under the influence of alcohol concentration of about 0.218%.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Inquiries about the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to a report on investigation (referring to the results of appraisal of alcohol concentration in the blood transfusion from blood collection);

1. Relevant Article of the Act and Article 148-2 (2) 1 of the Road Traffic Act and the selection of fines concerning the crime;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The circumstances favorable to the fact that there has been two times of punishment due to driving of drinking: The fact that the previous results of the measurement of drinking alcohol have been 0.173% of alcohol during blood, the result of the measurement of the initial measurement of drinking alcohol was 0.173% of alcohol during blood, the defendant's family members and branch members want to have the Defendant's wife, and there was no history of punishment for about 17 years on November 23, 2001, and there was no history of punishment for violation of the Road Traffic Act, and other various circumstances revealed in the arguments of this case, such as the defendant's age, sexual behavior, environment, family relationship, motive and consequence of the crime, the motive and consequence of the crime, etc., shall be determined as per the order.

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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