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(영문) 대구지방법원 김천지원 2015.02.12 2013고단1739
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding seven million won.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On January 10, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 1.5 million as a fine in the same court on September 30, 2013, respectively.

On November 16, 2013, at around 22:10, the Defendant driven a gallon vehicle, while under the influence of alcohol concentration of 0.112% on the roads in front of the Falgal gallon, which are located in the mallon of Kumi-si.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Report on the status of the primary driving, and the report on the status of the primary driving;

1. Application of Acts and subordinate statutes to report criminal records, etc. and investigation reports (a report on the confirmation of criminal records of the same kind);

1. Taking into account the relevant legal provisions for the crime, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of fines (the fact that a sentence is imposed as a traffic crime, the fact that it is not a trial, etc.), although the punishment is to be strictly imposed, it is to be taken into account the fact that the criminal record as stated in the judgment is the whole, the occurrence of the accident does not occur, and that the conditions of walking and speech have not been improved at the time of detection, etc.);

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

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

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