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(영문) 대구지방법원 2014.01.23 2013고단6306
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On December 21, 2006, the Defendant was sentenced to a summary order of KRW 2 million for a crime of violation of the Road Traffic Act at the Daegu District Court on December 21, 2006, and a summary order of KRW 2.5 million for the same crime at the same court on November 30, 2010, and was punished twice or more for a crime of violation of the Road Traffic Act (driving).

Criminal facts

On October 26, 2013, at around 19:20, the Defendant driven a car with a gallon under the influence of alcohol content of about 20 meters from around 19:20 meters to the front road of the Seoul rice farm located in the same Ri, from around 19:20, the Defendant driven a car with a gallon under the influence of alcohol content of about 0.177%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on detection of a host driver;

1. The circumstantial statement of the employee;

1. Records before judgment: Application of inquiry reports on criminal records, etc. and investigation reports (Attachment to the same summary order) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the criminal liability of the defendant for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is not minor, the punishment shall be determined as ordered in consideration of the fact that the defendant has no criminal record of past stay of execution or more, the blood alcohol concentration and driving distance of the defendant;

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