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(영문) 대구지방법원 2018.01.25 2017고단5628
도로교통법위반(음주운전)등
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] On May 27, 201, the Defendant was issued a summary order of KRW 700,000,000 by the Daegu District Court on the violation of the Road Traffic Act, the summary order of a fine of KRW 2 million by the same court on November 7, 201, the summary order of a fine of KRW 2 million by the same court on December 20, 201, and the summary order of KRW 4 million by the same court on the same crime on December 20, 201, respectively. On October 12, 2017, the same court was sentenced to the suspension of the execution of six months by imprisonment for the same crime and became final and conclusive on the 20th of the same month.

[2] On October 3, 2017, the Defendant driven DK7 automobiles under the influence of alcohol content of about 0.072% while under the influence of alcohol without obtaining a driver’s license from approximately 500 meters in a section of approximately 500 meters from the front line of the bank heading in Busan Metropolitan City, to the front line of the 221-ro 12, a monthly-ro 221-gilh, the same city border.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver who is in charge of driving and inquiry of the results of crackdown on drinking driving;

1. The driver's license ledger;

1. Previous convictions: Application of a reply to inquiries, such as criminal history, text of judgment, summary order, and final and conclusive data on the accused;

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act (the point of drinking), Article 152 subparagraph 1, and Article 43 of the Road Traffic Act concerning the facts constituting an offense. Article 148-2 (1) 1, and Article 44 of the Road Traffic Act (the point of driving without a license) [the police officer shall, in accordance with Article 44 (2) of the Road Traffic Act, have driven a motor vehicle, etc. while under the influence of alcohol;

If there is a reasonable ground to determine a person, and it is necessary to confirm whether a driver has a drinking, he/she may request the driver to take a drinking test, unless it is evident that he/she is unable to confirm whether the driver has a drinking by means of an ex post facto measurement, and if the driver fails to comply with it, he/she shall be subject to Article 14

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