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(영문) 대구지방법원 포항지원 2018.08.17 2018고단658
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] On August 16, 2007, the Defendant received a summary order of KRW 1 million for a crime of violating the Road Traffic Act (drinking driving) at the port branch of the Daegu District Court. On December 15, 2009, the Defendant received a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving).

[2] On June 7, 2018, the Defendant driven a Bbee cruise car under the influence of alcohol content of 0.095% from a point of approximately 500 meters to the south intersection of the Yan-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yan-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu, Yandong-gu.

Accordingly, the defendant, who violated the prohibition of drinking driving at least twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Fact-finding reports on drivers of drinking alcohol and inquiry into the results of crackdown on drinking alcohol;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Article 148-2 (1) 1 and Article 44-2 (1) of the Road Traffic Act concerning facts constituting an offense;

1. Selection of a selective fine (the selection of a fine for punishment (the fact that there are no other penal records except for the crime of violating each road traffic law stated in the criminal records, the defendant repents and reflects his wrong in depth, and the fact that the defendant seems to sell the vehicle after this case, and all other circumstances shown in the arguments shall be taken into consideration);

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

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

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