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(영문) 대구지방법원 영덕지원 2017.08.18 2017고단141
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 26, 2009, the Defendant received a summary order of a fine of one million won or more for a crime of violating the Road Traffic Act at the Ulsan District Court, and on June 14, 2010, the Defendant was sentenced to a fine of one million won or more for the same crime at the same court and was sentenced to a fine of one million won or more for the same crime.

On June 8, 2017, at around 22:05, the Defendant driven a B-in car under the influence of alcohol concentration of about 0.125% from the 1km section to the “after the end of the aftermath or the road,” located in the same area from the front of the death of the G-ininjin-gun, Seoul Special Metropolitan City (Seoul Special Metropolitan City), on the same side.

Summary of Evidence

Before the Defendant’s legal statement, a report on driving under the influence of alcohol, a report on the situation of the driver under the influence of alcohol, a report on the driver’s license, a next investigation report on the driver’s license, and a previous criminal record: (A) inquiry about the criminal records subject to criminal records, such as criminal records, and the pertinent legal provisions concerning the criminal facts subject to investigation reports (verification of previous records), and Articles 148-2(1)1 and 44(1) of the Road Traffic Act (short-term choice) of the Act on the Preparation of Criminal Procedure for the Provisional Payment Order under Articles 70(1) and 69(2) of the Criminal Act, and all of the circumstances, including the degree of driving under the influence of the Defendant, the distance, the environment, the motive and circumstances of the crime, and the order after the crime, etc., shall be determined by taking into consideration all the circumstances as follows.

Unfavorable circumstances: The circumstances that are advantageous to the fact that the nature of the crime is not good because a person has been sentenced twice to a fine due to driving of drinking, even though he/she had a record of being sentenced twice due to driving of drinking: The fact that the defendant repents his/her wrong mistake and speaks against him/her, that the person who is the defendant desires to take the lead of the defendant, and that the defendant has no specific history of punishment since 2010.

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