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(영문) 대구지방법원 포항지원 2016.04.07 2016고단52
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On July 15, 2010, the Defendant was issued a summary order of KRW 1 million in the Daegu District Court’s Port Branch for the crime of violating the Road Traffic Act, and was issued a summary order of KRW 1,500,000 by the same court as the same crime on October 5, 2012.

[2] On December 11, 2015, Defendant 1 driven CM3 automobiles under the influence of alcohol content of about 0.054% from the 20m section to the spam bank located in the same Dong, even though he had been punished twice or more due to the above violation of the Road Traffic Act (driving of alcohol). However, around December 22:17, 2015, Defendant 1 driven CM3 automobiles under the influence of alcohol level of about 0.054% from the 20m section.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and application of Acts and subordinate statutes to report criminal investigations (A), and other references;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following sentence shall be considered in consideration of the circumstances favorable to the defendant, the sentencing of which

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there is no history of causing a traffic accident by a simple drinking driving, the fact that the drinking value is high and the driving distance is short, the fact that there is no particular history of punishment except for the fine imposed by a driving under the influence of alcohol twice, the fact that there is a circumstance that can be considered in the motive of driving under the influence of alcohol, and the fact that there is against the mistake;

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