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(영문) 대구지방법원 2016.02.04 2015고단6084
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On June 28, 2007, the defendant was issued a summary order of 1.5 million won for a crime of violating road traffic law (drinking driving) in the Seoggu District Court's Seo branch on June 28, 2007, and on September 10, 2008, the same court issued a summary order of 2 million won for a crime of violating road traffic law (drinking driving).

On December 12, 2015, the Defendant driven CM5 car at the section of about 1km from the 3rd Dongcheon-dong, Daegu Northern-dong, dong-gu, 0.056% of alcohol content while under the influence of alcohol during blood transfusion on December 22:12, 2015 to the roads front of the gas station in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiry into the circumstantial records of the driver at home and the results of crackdown on driving at home;

1. Previous conviction: Application of a copy of summary order;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 does not relax the Defendant’s liability for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, but is relatively low in drinking value, and the Defendant’s life in good faith during the past seven years without criminal records, and the Defendant’s depth reflects the Defendant’s depth and support his family by finding overseas employment in the future.

The punishment as ordered shall be determined by comprehensively taking into account the following circumstances: the motive, background, means and methods of the instant crime, the circumstances before and after the instant crime, and the age, sex, career, and environment of the Defendant as shown in the pleadings in the instant case.

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