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(영문) 대구지방법원 2013.03.21 2012고단8796
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 28, 2008, the Defendant was sentenced to a fine of two million won for the crime of violating the Road Traffic Act at the Daegu District Court on August 28, 2008, and the same court on September 30, 201 has the record of being sentenced to a fine of one million won for the same crime.

On December 7, 2012, at around 00:25, the Defendant driven a BM3 car under the influence of alcohol with approximately 0.123% of alcohol concentration at a section of about 50 meters from the front road of the village amusement park located in the same Dong-gu, Daegu-gu to the route of the village amusement park located in the same Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver, and the results of the control of drinking driving;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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