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(영문) 대구지방법원 2013.07.18 2013고단3273
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On August 28, 2009, the Defendant was issued a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court. On February 9, 2010, the Defendant was sentenced to a summary order of 1.5 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court. On August 24, 201, the Defendant was sentenced to a fine of 3 million won by a fine for a violation of the Road Traffic Act at the Daegu District Court.

Criminal facts

On May 16, 2013, around 07:50 on May 16, 2013, the Defendant driven C Poter freight at approximately KRW 5km from the front day of the Uniform Stungdong in Daegu Northern-gu to the kymbane cafeteria located in the Fymba-dong in Daegu-gu, Daegu-gu, and at approximately 0.065% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Records before judgment: Criminal records, etc. and inquiry reports;

Application of Acts and subordinate statutes of investigation report (Attachment of the same summary order)

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

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment shall be determined as ordered in consideration of all the normal data shown in the trial process, such as the fact that the defendant was under the influence of drinking on the last day before the date of detection, drinking is not high, drinking is not high, and the defendant's age and occupation.

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