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(영문) 대구지방법원 김천지원 2017.12.07 2017고단1339
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 16, 2007, the Defendant received a summary order of KRW 1 million as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon branch on November 16, 2007, as well as KRW 1 million as a fine for a violation of road traffic law (drinking driving) from the Daegu District Court Kimcheon branch on January 23, 2009.

Although the Defendant had been punished for drinking two or more times as above, he driven BN-si cars at around 16:20 on August 26, 2017, while under the influence of alcohol concentration of about 0.085% at around 50 meters from the front day of the Sinmi-dong Sin-si Sin-si Hamsan Campg to the front day of the Gunsidong-si Don-si Don-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is eight years after the defendant was punished for the same kind of crime, and the punishment is determined as ordered in full view of all the circumstances, including the numerical value of drinking alcohol measurement, driving distance, the circumstances leading to the crime, reflects, the defendant's age, sexual behavior, environment, etc.

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