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(영문) 대구지방법원 경주지원 2017.11.09 2017고단656
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

【Criminal Records of Crimes】 On January 22, 2007, the Defendant issued a summary order of one million won for a crime of violating the Road Traffic Act at the Busan District Court on the same day, and on February 22, 2008, in addition to the issuance of a summary order of two million won for the same crime from the Daegu District Court and the racing support, the same records are more than twice.

【Criminal facts” around 03:49 on July 30, 2017, the Defendant driven B Poter 2 while under the influence of alcohol with approximately 1.5 km alcohol content 0.153% in blood, from the front of the restaurant “in the sea” in Sung-dong, Sungdong, to the front of the indoor sports center in the same yellowdong in the same city.

Accordingly, the Defendant again driven a motor vehicle while under the influence of alcohol in violation of the prohibition on driving under the Road Traffic Act, as a person who has violated the prohibition on driving under the same influence.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. C’s statement;

1. Report on detection of any violation of traffic laws on roads (driving of alcohol), notification of the results of crackdown on driving of alcohol, investigation report (report on the circumstances of the driver driving of alcohol), report on the circumstances of the driver driving of alcohol, internal investigation report, inquiry into the results of crackdown on driving of alcohol, and investigation report (report on the hearing of references C);

1. Previous convictions in judgment: Application of Acts and subordinate statutes of 2 copies of the judgment of Busan District Court, such as a written reply to inquiry, such as criminal history, investigation report (investigation into force of suspect drinking), investigation report (Attachment of criminal records, written judgments, etc. of the same kind as the suspect, Busan District Court Decision 207 High Court Decision, etc

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

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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