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(영문) 대구지방법원 2012.12.26 2012고합1244
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

The defendant was issued a summary order of KRW 1,500,000 by the Daegu District Court on July 9, 2009 for the crime of violation of the Road Traffic Act and the same year.

7. 21. The summary order has been issued on March 4, 201, and on March 4, 201, the Daegu District Court has issued a summary order of KRW 2,00,000 for the crimes of violating the Road Traffic Act.

3. 23. The summary order became final and conclusive.

On October 10, 2012, at around 03:04, the Defendant driven CM7 car within approximately 100 meters from the third distance in the wood market located in the Daegu Suwon-gu Seosan-dong to the front path in the wood market, while under the influence of alcohol content of 0.053%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act, statement of the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Previous records: Criminal records and other inquiries, police investigation reports, and application of Acts and subordinate statutes to the prosecution investigation reports (attached to the same criminal records and summary orders);

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 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the negative value is low and that the defendant is against his/her gender);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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