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(영문) 대구지방법원 2017.03.23 2017고단569
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On March 16, 2007, the Defendant was notified of a fine of KRW 1,00,000 as a crime of violating the Road Traffic Act (dacting driving) in the Seo-gu District Court’s branch branch branch on March 16, 200. On November 29, 201, the Defendant was notified of a fine of KRW 1,50,000 for the same crime.

[2] On January 25, 2017, Defendant 1, who violated Article 44(1) of the Road Traffic Act two or more times, driven a B observer under the influence of alcohol concentration of about 0.054% from the 1km section to the front road of the Madi Hospital located in the Daegu-gu Nowon-gu Nowon-gu Nowon-gu Nowon-gu, Seoul Special Metropolitan City (Seoul Special Metropolitan City) around January 25, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on drinking driving;

1. Previous convictions in judgment: Application of two copies of a reply to inquiry, such as criminal history, and a copy of a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of fines (the fact that the defendant's final record of driving alcohol has been past five years of time, the defendant's blood alcohol concentration exceeds the standard of punishment minor, and the defendant's non-compliance with re-violation of recidivism is expected to be avoided;

(3) such consideration as the

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

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