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(영문) 대구지방법원 영덕지원 2016.08.31 2016고단113
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 21, 2010, the Defendant received a fine of seven million won or more due to a violation of road traffic law (drinking driving) in the Young-gu District Court Young-gu District Court’s territorial support on January 21, 201, and a fine of one million and five million won or more due to a violation of road traffic law (dacting driving) in the same court on October 21, 201, respectively.

On June 10, 2016, the Defendant driven a car with C in the state of alcohol alcohol with approximately 0.157% alcohol concentration from around 300 meters to the front road of the Dong Center located in the same Ri, from the front road of the agricultural and industrial complex located in the area of approximately 00 meters located in the same Ri after the death of Jinjin-gun around 00:40.

Summary of Evidence

The defendant's legal statement report on driving under the circumstances of the main driver, report on the situation of driving under the influence of alcohol, report on the results of crackdown on driving under drinking, inquiry into the results of the fact of crackdown on driving under drinking, investigation report (report on confirmation of the facts of the crime during the period of probation), investigation report (report on the confirmation of the facts of the crime during the period of probation), Article 148-2 (1) 1 and Article 44-2 (1) of the Criminal Act for the crime subject to the applicable law of criminal history inquiry, and Article 70 (1) and Article 69 (2) of the Criminal Procedure Act for the sentencing of Article 334 (1) of the Provisional Payment Order Act for the Criminal Procedure of the Provisional Payment Order under Article 334 (1) of the Criminal Act for the reason of sentencing is that the defendant has been punished twice due to drinking, but it is not sufficient that the crime was re-driving under the influence of drinking, and that the defendant is currently under suspension of execution.

However, considering the fact that the defendant's mistake is recognized and reflected, the distance of driving under drinking is relatively short, and the sentencing conditions of the defendant at the time of driving under drinking, such as the degree of the defendant's driving at the time of driving under drinking, the background of the crime, and the circumstances after the crime, etc., shall be determined as ordered by the disposition in consideration of all the sentencing conditions.

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