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(영문) 대구지방법원 경주지원 2012.12.28 2012고합150
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 9,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On January 28, 2009, the Defendant was sentenced to a summary order of KRW 2 million due to a violation of the Road Traffic Act (driving) in Daegu District Court racing support, etc. on December 14, 2009, a fine of KRW 3 million due to a violation of the Road Traffic Act (driving), etc. on December 14, 2009, and on July 19, 201, on July 19, 201, the Defendant was sentenced to a suspended sentence of six-month imprisonment with prison labor for a violation of the Road Traffic Act (driving).

On August 10, 2012, at around 00:59, the Defendant driven a DNA car under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.186% from the 20m section to the front road of the arsensc specialty store located in the same Dong from the front road of the arsensc sc sc sc sc am.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver;

1. Previous records of judgment: Application of inquiry reports and investigation reports (former records and attachment of judgment) related to criminal records, etc.;

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. According to Article 334(1) of the Criminal Procedure Act, the defendant, who has been sentenced to a suspended sentence on several occasions due to drinking driving, has the criminal records of the crime committed in this case during the suspended sentence period due to driving under the influence of alcohol, and the quality of the crime has been bad, the Road Traffic Act has been amended, and the punishment for driving under the influence of alcohol has been strengthened, the amount of drinking alcohol in this case is high, and the distance of driving under the influence of over three months has been divided in depth, and the distance of driving under the influence of alcohol is short, disposal of the above vehicle carried by the defendant to a used vehicle dealer as a used vehicle, the defendant's age, character and behavior, environment, motive, means and result of the crime in this case, and the circumstances after the crime, etc., the sentence shall be determined as ordered in consideration of all the sentencing factors stated in the records of this case.

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