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(영문) 대구지방법원 김천지원 2017.10.19 2017고단790
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On January 25, 2017, the Defendant was sentenced to a suspended sentence of 8 months of imprisonment due to a violation of the Juvenile Protection Act in the Daegu District Court Kimcheon, and the said judgment became final and conclusive on February 2, 2017.

On March 21, 2011, the Defendant issued a summary order of KRW 1 million due to a violation of road traffic law (drinking driving) in the Daegu District Court Kimcheon on March 21, 201, and on August 12, 2011, the same court received a summary order of KRW 3.5 million due to the same crime and received a summary order of KRW 3.5 million from the same court on two occasions.

On May 30, 2017, around 23:50, the Defendant driven a B-hand car with alcohol content of at least 0.075% while under the influence of alcohol from approximately 500 meters to the front road, from the road near the Sinsi-dong Magdong Magdong, Sinsi-si, Seoul, to the same Sinpon-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions: Application of Acts and subordinate statutes, such as inquiries such as criminal history, investigation reports (verification of the fact that a suspect is under probation period and twice drinking driving), and judgment;

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. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the record of drinking alcohol driving as indicated in the reason for sentencing of Article 334(1) of the Criminal Procedure Act; (b) the time of the crime; (c) the numerical value of drinking in this case; (d) there is no record of punishment exceeding a fine due to the same kind of crime; (c) the accused’s age

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