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(영문) 대구지방법원 2014.01.23 2013고단6416
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 29, 2008, the Defendant was sentenced to a summary order of two million won or more as a crime of violation of the Road Traffic Act by the Daegu District Court on December 29, 2008, and a summary order of two million won or more as a fine in the same court on May 20, 201, respectively.

Criminal facts

On October 25, 2013, at around 22:20, the Defendant driven a motor vehicle with D highest alcohol content of about 500 meters from the front of the Gangseo-gu North Korean funeral hall located in the Eup/Myeon of Daegu to the front of the Gancheon-dong of Daegu-gu, the Defendant driven a motor vehicle under the influence of alcohol of about 0.100% of blood alcohol content from the 50-meter section to the front of the Gancheon-dong of Daegu-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement in the circumstances of an employee;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous records: Application of inquiry reports and investigation reports (verification of the same kind of power) and Acts and subordinate statutes, such as criminal records;

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. Although the criminal defendant's liability for sentencing under Article 334 (1) of the Criminal Procedure Act is not minor, the punishment is determined as ordered in consideration of all the normal materials revealed in the trial process, such as the fact that there is no criminal record of the past suspension of execution or more, blood alcohol concentration and quantity, Defendant's age and occupation, etc.

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