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(영문) 대구지방법원 서부지원 2017.07.20 2017고정238
도로교통법위반(음주운전)
Text

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

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On April 25, 2007, the Defendant was issued a summary order of one million won or more for a crime of violating the Road Traffic Act at the Daegu District Court, and on July 31, 2012, the Defendant was issued a summary order of one million won or more for the same crime at the same court.

Although there was a history of violating the prohibition of drinking driving regulations two or more times as above, the Defendant also driven B 5 cars while under the influence of alcohol at approximately 0.09% of alcohol content in the direction of 5 meters at the front of the culture at the three-distance distance range on the road located in Daegu Seo-gu, Daegu-gu around February 5, 2017, at around 01:28.

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 conviction: Application of a written inquiry about criminal history and a copy of each summary order;

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act and Article 148-2 (1) 1 of the same Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to reduce the volume of small vehicles (in consideration of operating a short distance to move the vehicle while waiting for a driver who has driven by proxy);

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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