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(영문) 대구지방법원 상주지원 2018.05.15 2018고단10
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal records] The Defendant was sentenced to a suspended sentence of two years, a fine of ten million won, in August of 2017, for a violation of the River Act, from the credit support of Suwon Friwon, on December 12, 2017. The above judgment became final and conclusive on December 20, 2017, and is currently under suspended sentence.

On March 26, 2009, the Defendant was sentenced to a fine of KRW 1.5 million due to a violation of road traffic law (drinking driving) in the Daegu District Court’s support on March 26, 2009, and was sentenced to a suspended sentence of one year for six months due to a violation of road traffic law (drinking driving) in the resident support of the Daegu District Court on February 14, 2012.

[2] On December 22, 2017, the Defendant: (a) driven Done Star Co., Ltd. under the influence of alcohol concentration of about 0.118% from the 6km section to the road before the police box box located in the same military unit, from the front of the Sejongcheon-gun, Chocheon-gun's Cheongcheon-gun, Chocheon-gun, Seoul, to the front of the same military unit; and (b) driven Done Star Co., Ltd. under the influence of alcohol concentration of about 6km.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Reporting on the detection of drinking, notification of the results of regulating the driving of drinking, report on the circumstances of the driver of drinking, and inquiry into the results of regulating drinking;

1. A criminal investigation report (No. 5 in the list of evidence), each internal investigation report (No. 6,7 in the list of evidence);

1. Previous convictions in judgment: A reply to inquiry, such as criminal history, each investigation report (No. 17,19 of the evidence list), copy of the judgment, inquiry of summary information of the case, and application of the law of a copy of the judgment;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime of drinking alcohol during the period of suspended execution, even though he was sentenced to a suspended sentence of imprisonment due to a violation of the River Act as stated in the first head of the judgment, which was committed by the Defendant during the period of suspended execution.

The defendant has been punished several times due to drinking driving.

The above is an unfavorable circumstance.

However, the defendant.

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