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(영문) 대구지방법원 2013.09.05 2013고단3778
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 18, 2008, the Defendant was sentenced to a fine of 1.5 million won as a crime of violating the Road Traffic Act, and a fine of 1.5 million won as a crime of violating the Road Traffic Act at the Daegu District Court on September 24, 2008, respectively, at the Seogu District Court on September 24, 2008.

On June 8, 2013, at around 21:40, the Defendant driven a Crenice car in the state of alcohol of about 200 meters from the front of the restaurant where it is impossible to know the trade name in the Eup/Myeon/Dong in Daegu-si, Daegu-si, to the front of the mountain Gandong apartment located in the same Dong to the road of the same Dong.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements of a drinking driver and the results of the control of drinking driving;

1. Previous for judgment: Application of Acts and subordinate statutes, such as criminal records, etc., such as inquiry reports and investigation reports (Attachment to a copy of judgment and seven copies of summary order);

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment has the record of being punished four times by a fine due to a drunk driving, and in particular, it is necessary to put the instant crime under strict punishment during the period of repeated crime due to a unauthorized driving.

However, in consideration of the fact that the Defendant committed the instant crime, which was committed against the mistake, first committed the instant crime after release, the blood alcohol concentration was not high, the Defendant disposed of the vehicle possessed by the Defendant, and the Defendant has faithfully committed workplace life after release, etc., the punishment as ordered shall be determined by taking into account the following: (a) the Defendant was sentenced to a fine for a limited period of time; and (b) the Defendant was sentenced to a fine as ordered.

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