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(영문) 대구지방법원 포항지원 2019.06.20 2019고단377
도로교통법위반(음주운전)
Text

The sentence against the accused shall be 5,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal record] On March 2, 2009, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act at the port support of the Daegu District Court on March 2, 2009, and the same court on August 12, 2009 was sentenced to a suspended sentence of two years for a period of six months for a violation of the Road Traffic Act.

[Criminal Facts] Although the Defendant had been punished for drinking driving more than twice as stated in the record of criminal records, the Defendant driven Chyp car in a state of under the influence of alcohol concentration of about 0.089% at the two kilometers from the front of the Myeon Office of the death of the dead body located on the north-gu death in the north-gu at the port at the port on February 14, 2019 to the front of the Myeon Office of the death of the dead body located on the north-gu at the port at the port on February 22:30.

Summary of Evidence

1. Defendant's legal statement;

1. The actual condition survey report;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. Each photograph;

1. Previous convictions in judgment: Criminal records, summary orders and application of statutes governing judgment;

1. Article 148-2 (1) 1 of the Road Traffic Act and Articles 44 (1) of the Act on the Selection of Fines for the Crimes and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act [Consideration of the fine, the blood alcohol concentration level, and the fact that there are no some other circumstances

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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