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(영문) 대구지방법원 경주지원 2018.05.10 2018고단215
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

[criminal history] On July 26, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court and the racing support. On March 17, 2015, the Defendant was issued a summary order of KRW 2 million for the same crime in the same court.

[2] On March 22, 2018, the Defendant driven B k7 car under the influence of alcohol content of approximately 0.126% from the 200-meter section of the water tank, which is located in the Chungcheongnam-dong, Chungcheongnam-dong, Daejeon-si, from around 200 meters before the restaurant to the front day of the Hak-dong, Sejong-si.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Notification of the results of regulating drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

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 of Article 334(1) of the Criminal Procedure Act for the crime of this case is that the defendant, who has had a record of driving a drinking not less than twice in the case of the crime of this case, once or more, drives a second alcohol, and the nature of the crime is not exceptionally applied.

However, considering the fact that the defendant recognized the crime of this case and divided his mistake, that the defendant has no record of crime except criminal punishment due to drinking driving around around 2007 and around 2015, that the defendant does not repeat the crime while disposing of the vehicle, and other various circumstances, such as the defendant's age, sex, environment, and circumstances after the crime, etc., the punishment as ordered, shall be determined by taking into account the following circumstances.

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