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대구지방법원 김천지원 2013.05.10 2013고합27
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On November 14, 2006, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court Kimcheon branch on November 14, 2006, and such summary order became final and conclusive on December 1, 2006. On October 15, 2010, the Defendant was issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act by the same court and the said summary order became final and conclusive on January 18, 201.

On October 29, 2012, around 21:55, the Defendant driven a Clocka car with the blood alcohol concentration of 0.087% under the influence of alcohol on the front of live housing located in the liven-dong in the Guluri-si, Sinsi.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial report on the drinking driver and the circumstantial statement of the drinking driver;

1. Previous records: Application of inquiry reports, such as criminal records, and prosecutor's investigation reports (Attachment of a copy of a summary order);

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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.