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(영문) 대구지방법원 2014.01.23 2013고단6552
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On July 3, 2009, the Defendant received a summary order of KRW 1 million from the Daegu District Court as a crime of violation of the Road Traffic Act, and a summary order of KRW 1.5 million from the Daegu District Court as a crime of violation of the Road Traffic Act on July 17, 2009.

Criminal facts

On November 16, 2013, at around 07:04, the Defendant driven a balp motor vehicle with a blood alcohol content of at least 0.079% under the influence of alcohol level from approximately 2 kilometers to the front road of the cafeteria Daegu Do located in the same Gu, from the Do adjacent to the cafeteria, in the distribution complex located in the Busan Northern-gu, Daegu Northern-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement of the employee;

1. A report on detection of a host driver;

1. A previous conviction: An inquiry report, an investigation report (Attachment of a summary order), and application of Acts and subordinate statutes 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 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment as ordered shall be determined in consideration of all the normal materials revealed in the trial process, such as the fact that there is no criminal record of the past suspension of execution or more, blood alcohol concentration, the defendant's age and occupation;

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