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(영문) 대구지방법원 포항지원 2016.06.23 2016고단339
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 31, 2011, the Defendant was sentenced to a fine of KRW 4 million due to a violation of road traffic law (driving), etc. at the port branch of the Daegu District Court (Seoul District Court) on August 31, 201, and was issued a summary order of KRW 2 million by the same court on October 15, 2014.

Although the Defendant driven a motor vehicle under the influence of alcohol on two occasions, on April 5, 2016, at around 23:13, the two occasions, the Defendant driven the B windowsom motor vehicle under the influence of alcohol concentration of about 500 meters from the nearest road of the Han Pung-gu in the north-si at Port to the front road of the opening pharmacy located in the same Dong and located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

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

1. Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there exists a history of punishment for driving under drinking three times, other favorable circumstances that have been punished, including punishment, and that there are several times: The fact that a traffic accident is not caused by a simple drinking driving, the fact that a person seems to have been discovered to have been driving after a considerable period of time after drinking, the fact that there is no excess of fine, other than the fact that a person has been sentenced for a different type of crime, and that a person commits a mistake;

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