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(영문) 대구지방법원 2016.12.15 2016고단4942
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

[criminal power] On March 17, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) from the Daegu District Court Port Branch on March 17, 2008 and a fine of KRW 2 million as the same crime in the same court on November 3, 2008.

【Criminal Facts】

On October 8, 2016, at around 04:02, the Defendant driven a C Sti-type car with approximately 500 meters alcohol level of 0.147% under the influence of alcohol level from around 500 meters to the road located in the 16-lane 28 (Dudusan-dong) of the Daegu Suwon-gu Water Zone B.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Statement made to D by the police;

1. Making a report on the control of drinking driving;

1. Before ruling: References to criminal records and application of Acts and subordinate statutes of two copies of a summary order;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the choice of a fine (such as the fact that the last alcohol driving record of the accused was in the past eight years, and that the accused has recognized his mistake and seen a penure that the accused seems to repent);

1. Articles 70 (1) 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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