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(영문) 대구지방법원 경주지원 2013.05.31 2012고합178
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On November 16, 2012, at around 18:00, the Defendant driven a shower car in the state of alcohol with approximately 2 km alcohol concentration of about 0.304% from the 2km section to the road near the road in the upstream of the same Myeongdong-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report of a host driver and the report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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

1. The punishment for drunk driving has been strengthened following the revision of the Road Traffic Act, which is the fact that the defendant, who had been punished by a fine for drunk driving in 2002 under Article 334(1) of the Criminal Procedure Act, has the criminal records of the provisional payment order, and the punishment for drunk driving has been strengthened following the revision of the Road Traffic Act, the amount of the punishment for drunk driving in this case is very high, his mistake is divided in depth, the fact that there is no specific criminal records other than the punishment of a fine due to the above drunk driving, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime are considered.

It is so decided as per Disposition for the above reasons.

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