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(영문) 대구지방법원 포항지원 2016.05.12 2016고단165
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal history] On May 29, 2013, the Defendant was sentenced to a summary order of KRW 4 million for a crime of violating road traffic law at the port branch of the Daegu District Court. On December 18, 2013, the Defendant was sentenced to a suspended sentence of six months for the same crime in the same court.

[2] While Defendant 1 had been punished twice or more due to drinking driving as above, Defendant 2 driven a 200-meter 100 meters away from the north-gu coast of port at the 82 beer road in the north-gu coast of port while under the influence of alcohol by around 22:5 on February 9, 2016 at around 0.145% of alcohol during blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and report on the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to judgments of the same kind as the suspect);

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

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order: The fact that there exists a history of punishment three times as a crime that includes a drinking driving, including a suspended sentence, and that there is a high drinking level favorable: The fact that a traffic accident is not caused by a simple drinking driving; the fact that a traffic accident is not caused by a simple driving; and the fact that a vehicle is disposed of while against a mistake, etc.

d't.

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