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(영문) 대구지방법원 포항지원 2019.01.24 2018고단1489
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 15, 2009, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act, and a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the same court on May 18, 2011.

Although the Defendant had been punished on more than two occasions due to a violation of the Road Traffic Act (driving) as above, the Defendant driven a FIsta car at approximately 100 meters from the 100-meter road in front of the E-dan in the same Gu from the Do in the north-gu B at the port of port, under the influence of alcohol level of 0.067% at around 03:30 on October 18, 2018.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (report on confirmation of the same criminal records);

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

1. Selection of a selective fine (the numerical value of the blood alcohol level of this case is relatively low, the surface of the water after drinking, which may be taken into account in the course of committing the crime, and there is no record of the same crime exceeding the fine, and the attitude of recognizing and reflecting the mistake, etc.)

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Special Consideration for Discretionary Mitigation);

1. Articles 70 (1) 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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