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(영문) 대구지방법원 포항지원 2018.06.14 2018고단466
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 16, 2012, the Defendant issued a summary order of KRW 1,50,000,000 as a crime of violating the Road Traffic Act (drinking) at the port branch of the Daegu District Court on August 16, 2012, and the same court issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act (drinking) at the same court on June 17, 2016.

Although the Defendant had been punished twice or more due to a violation of the Road Traffic Act (drinking) as above, the Defendant driven BN driver car in the section of about five meters from the front of the 701-24 “BV driver’s license” on April 20, 2018, when he was under the influence of alcohol level of 0.093% during blood transfusion at around 00:50 on April 20, 2018, while he was under the influence of alcohol level of 0.093%.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions: Inquiry of criminal history and application of Acts and subordinate statutes of investigation report (verification of the same criminal history as the suspect);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine (the driving of a vehicle only at the extremely short distance of five meters in the course of driving the vehicle for the convenience of an acting engineer shall be considered in light of the circumstances leading to driving the vehicle under such drinking, and the fact that a mistake is recognized and a serious reflection is made, etc.);

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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