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(영문) 대구지방법원 2013.04.26 2012고합1462
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 December 4, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2.5 million as a fine in the same court on May 14, 2010, respectively.

On November 28, 2012, the Defendant was under the influence of alcohol of 0.094% of blood alcohol concentration at around 01:43, and the Defendant was driving C rocketing car at the section of about 2 km from the front of the emulsary apartment in the emulsive dong in Daegu Northern-gu to the front road of the emulsium-dong in the same city, Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports, and Acts and subordinate statutes;

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. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 201Do139, Apr. 1, 201);

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

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

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