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(영문) 대구지방법원 2018.02.23 2017고단7104
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of six months for a crime of violating road traffic laws at the Daegu District Court on November 16, 2006, and was sentenced to a suspended sentence of two years for a crime of violating road traffic laws. On October 16, 2015, the Defendant was sentenced to a fine of three million won or more for the same crime in the same court on October 16, 2015.

【Criminal facts】 On December 12, 2017, the Defendant driven C-ho-do under the influence of alcohol content of about approximately 0.074% from a portion of about 600 meters, from around 14:39 to around 22 roads, Dong-gu, Daegu Metropolitan City, Dong-dong, Dong-gu, 222 roads.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous convictions: Inquiry about criminal history and the application of Acts and subordinate statutes concerning report on internal investigation (verification of control over drinking driving);

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

1. Selection of an alternative fine for punishment;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include five criminal records of the defendant in the same kind, the defendant committed the crime of this case without being involved in a suspended execution period due to a violation of the Road Traffic Act (unlicensed driving), the defendant reflects his/her sex, the defendant's age, sex, environment, motive for the crime, circumstances after the crime, etc., and the sentencing conditions stated in the records are determined as ordered.

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