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(영문) 대구지방법원 2013.11.14 2013고단5111
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

Criminal power is a person who has been sentenced to a fine of KRW 2 million on June 12, 2009 to a violation of the Road Traffic Act (driving) in the Seo-gu District Court's branch branch court on June 12, 2009, and a fine of KRW 3 million to a violation of the Road Traffic Act (driving) in the Seo-gu District Court's branch court on April 9, 2010.

Criminal facts

On August 6, 2013, at around 22:50, the Defendant driven B rocketing car under the influence of alcohol content of about 30 meters from the front of the BJ apartment road located in the Bupyeong-gu, Nowon-gu, Nowon-gu, Seoul Special Metropolitan City to the front road in the Gyeong-gu, Nowon-gu, Seoul Special Metropolitan City (hereinafter “Seoul Special Metropolitan City”).

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the circumstances of the driving of a motor vehicle;

1. The circumstantial statement of the employee;

1. Making inquiries about the results of drinking control;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) 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. 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 as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the fact that the defendant has no criminal record of probation or higher, the circumstances leading the defendant to drive, the degree of blood alcohol concentration, driving distance, etc.

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