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(영문) 대구지방법원 김천지원 2016.05.27 2016고정98
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On February 1, 2008, the Defendant received a summary order of KRW 700,000,000 as a fine for a crime of violating the Road Traffic Act (drinking) from the Daegu District Court Kimcheon-cheon Branch on February 1, 2008, and KRW 700,000 as a fine for the same crime in the same court on January 28

On December 29, 2015, at around 19:40 on December 29, 2015, the Defendant driven C Mart car in the state of alcohol concentration of about 0.094% in blood alcohol level from around 3km to around the road located in Kimcheon-si Care and Custody Dong around 19:45 on the same day.

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to the previous and summary order, etc.);

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. Articles 53 and 55(1)6 of the Criminal Act for the Reduction of Small Quantity (this case’s three drinking driving and the blood alcohol concentration is high, but in the case of a previous crime of drinking in around 2015, the sentencing should be taken into consideration only once on the grounds that circumstances may be taken into account in the course of committing the crime, and the defendant’s age, environment, etc. are against his/her mistake.)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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