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(영문) 대구지방법원 포항지원 2019.01.11 2018고단1548
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

[criminal power] On August 16, 2007, the Defendant issued a summary order of KRW 1 million for a crime of violation of the Road Traffic Act at the port support of the Daegu District Court on August 16, 2007, and a summary order of KRW 2.5 million for the same crime at the same court on March 2, 2011.

【Criminal Facts】

On November 27, 2018, the Defendant driven CM5 vehicle at a section of about 1 km to the roads front of the building in front of the Gu building, where the Defendant was under the influence of alcohol at least 0.080% of blood alcohol concentration around 21:40 on November 27, 2018, while under the influence of alcohol at least 0.080%.

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 (a copy of a summary order of the same kind of power attached) and other Acts and subordinate statutes;

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

1. Selection of an alternative fine for punishment (the imposition of a fine for negligence is relatively low, and consideration shall be given to the fact that there is no other penalty power than the stated criminal records in the judgment);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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