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(영문) 대구지방법원 서부지원 2018.11.13 2018고정457
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 15, 2007, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act by a fine in the Daegu District Court on February 15, 2007, and a summary order of two million won or more as a crime of violating the Road Traffic Act by the same court on April 22, 2010.

On June 24, 2018, around 21:29, the Defendant driven a B-hand car with alcohol content of at least 0.077% while under the influence of alcohol at approximately 300 meters from the road in front of a mutual influence house near the long-term elementary school in Seodaemun-gu, Daegu at around the same time and at around the road in front of a specialized driving school for sexual vehicles.

Accordingly, the Defendant, who violated the prohibition on drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Reporting on the detection of any case of violation of traffic laws on roads;

1. Notification of the results of crackdown on the driving of alcohol, investigation report (report on the situation of the driver in charge), statement of the situation of the driver in charge, inquiry into the results of crackdown on the driving of alcohol, and report on the situation of the driver in charge

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes of investigation report (fixtures of summary orders in relevant

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 53 and Article 55(1)6 of the Criminal Act for Reduction of Small Quantity (see, e.g., Articles 55 and 55(1)6 of the Criminal Act (see, e.g., the Defendant’s mistake and reflects his or her mistake; the amount of alcohol concentration during blood at the time of the instant crime; the timing when the Defendant was punished for driving alcohol

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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