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(영문) 대구지방법원 2017.04.20 2017고단456
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] The Defendant was issued a summary order of KRW 2.5 million for a crime of violating road traffic laws at the Daegu District Court on February 24, 2011; on May 7, 2010, the same court issued a summary order of KRW 1 million for the same crime; on October 25, 2016, the same court was sentenced to imprisonment with prison labor for 6 months; and on November 2, 2016, the said judgment became final and conclusive and conclusive on November 2, 2016.

[2] On December 18, 2016, Defendant 1, who had a alcohol driving force twice or more as above, driven a Bnub car under the influence of alcohol content of about 80 km from the two long-term port near the south-gu port in the Nam-gu, Chungcheongnam-gu, the Nam-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the Gyeong-gu, the upper court,

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the circumstantial records of drivers who take driving and the results of crackdown on drinking driving;

1. Previous convictions in judgment: References to inquiries, such as criminal history, investigation reports, summary orders, reports on past convictions in disposition, results of confirmation, and application of Acts and subordinate statutes of the judgment;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act – Unfavorable circumstances: The defendant has been punished several times by a fine for driving under drinking, the defendant committed the instant crime without being aware of himself/herself during the period of probation; the favorable circumstances: the degree of alcohol content in blood at the time of driving under drinking in this case is not relatively high; the previous conviction in the judgment is due to the crime of different types; the defendant has no record of being punished for driving under drinking after 201; and the defendant has no record of being punished for driving under drinking after 201; and the following is against the defendant's age, sexual behavior, intelligence and environment; the motive, means and consequence of the instant crime; and the circumstances after the crime, etc.

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