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(영문) 대구지방법원 포항지원 2016.11.16 2016고단844
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On November 15, 2011, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act, and on December 5, 2014, the Defendant received a summary order of KRW 2,00,000 as a fine for the same crime in the same court.

Although the Defendant had been punished twice or more for a violation of the Road Traffic Act (driving) as above, on May 7, 2016, at around 02:50, the Defendant driven a string freight vehicle B from around the 1.5km section of approximately 1.5km to the front of the other cU port of South-gu, Nam-gu, Seoul Metropolitan Area, in the state of under the influence of alcohol content of 0.073% of the blood alcohol content of at least 0.50%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (former records and attachment of judgment) and statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing reason of Article 334(1) of the Criminal Procedure Act of the provisional payment order is the period during which the defendant is under suspension of execution due to the crime of obstruction of performance of official duties, and there is an unfavorable circumstance to the defendant.

However, considering the frequency and interval of the defendant's drinking alcohol level, the previous violation power of drinking driving, etc., and other factors of sentencing such as the defendant's age, character and conduct, environment, motive, means and result of the crime, the punishment as ordered shall be determined by taking into account various factors of sentencing.

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