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(영문) 대구지방법원 2018.08.09 2018고단2479
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On June 15, 2015, the Defendant issued a summary order of a fine of three million won for a crime of violating the Road Traffic Act at the Suwon Flag method Board, and on March 29, 2017, the Defendant issued a summary order of a fine of three million won for the same crime at the same court.

On September 20, 2017, the Defendant was sentenced to a two-year suspended sentence of imprisonment for fraud, etc. in a capital support for the method of flood control, and on March 24, 2018, the said judgment became final and conclusive on March 24, 2018, and is currently in the grace period.

[2] On May 21, 2018, the Defendant driven CNscoo-si car from approximately 1km to about 22-lane, as the Plaintiff was under the influence of alcohol content of 0.069% in blood, around May 21, 2018, at around the roads near the roads in which the mix of the trade name is located in the mix of Daegu-gu, Daegu-gu, to the front day of the Y-gu, Daegu-gu, Daegu-gu, 256.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

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, report on investigation (report on confirmation of the same kind of force);

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act: A person has already been punished twice due to drinking driving, and in particular, the circumstances favorable to the fact that the instant crime was committed without being able to do so during the period of suspension of execution due to fraud, etc.: A confession and reflect, the fact that the person committed the instant crime without being able to do so, the fact that the blood alcohol concentration is not high, the fact that the blood alcohol concentration is not high, the fact that there was no record of punishment exceeding the fine due to drinking driving, and the Defendant’s age, sexual behavior, environment, family relationship, motive and consequence of the instant crime, and the circumstances after the crime

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