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(영문) 대구지방법원 김천지원 2014.02.26 2013고단1571
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant was issued a summary order of KRW 1.5 million for a fine of KRW 1.5 million for a violation of the Road Traffic Act, and KRW 3 million for the same crime in the same court on October 12, 2009.

On October 4, 2013, the Defendant, who had driven two or more times, driven B Poter truck with alcohol level of 0.153% while under the influence of alcohol level of 0.153% on the front of the Cropian commercial road located in the Gu-U.S. Simsidong.

Summary of Evidence

1. Defendant's legal statement;

1. A written assessment of alcohol or alcohol, and a written report on the personal identification of the driver (22 pages of investigation records);

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (a report on the confirmation of the same criminal records) and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. As stated in the reasoning of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, there are a number of records of multiple types of crimes, which are subject to suspended sentence for 10 months of imprisonment for gambling opening on March 27, 2013, and in particular, even though the judgment was finalized and confirmed as a result of suspended sentence, it is necessary to impose a strict punishment in light of the fact that the instant crime was committed during the period of suspended sentence.

However, in consideration of the fact that there are no criminal records except the criminal records in the holding, that there is no person to support the family except the defendant, and that there is no person to support the family except the defendant, the punishment like the order shall be determined.

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