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(영문) 대구지방법원 포항지원 2017.07.05 2017고단394
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

On August 22, 2011, the Defendant issued a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on August 22, 201, and a summary order of a fine of two million won for the same crime from the Port Branch of the Daegu District Court on March 21, 2016.

In spite of being under the influence of alcohol over two occasions, Defendant 1 driven B k5 automobiles in the influence of alcohol at approximately 0.162% in the 2km section from March 28, 2017 to the front road of the same Gu, which is located in the Dong-gu Gaodo market at the port of Posi on March 28, 2017, when he was under the influence of alcohol at approximately 0.162% in alcohol level from the 2km section to the front road of the Gu.

As a result, the Defendant violated Article 44(1) of the Road Traffic Act not less than twice and drives a car under the influence of alcohol again.

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. Written consent to blood collection and written appraisal of alcohol during blood transfusion;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of fines for the crime ( Consideration of the frequency, interval, etc. of past records of driving alcohol);

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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