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(영문) 대구지방법원 김천지원 2018.10.29 2018고단941
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of three million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 3 million on July 18, 2017, as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-cheon Support, which was sentenced to a fine of KRW 1 million on January 29, 2014, and a fine of KRW 3 million on July 18, 2017.

Defendant had been punished for driving alcohol more than twice as above, but around July 15, 2018, around 02:56, Defendant 1 driven D A6 car under the influence of alcohol 0.180% while under the influence of alcohol while driving a vehicle with approximately one meter in front of “C cafeteria” on the road located in Gumi-si, Gumi-si B.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Reporting on the occurrence of a traffic accident, photographs, de facto investigation report and photographs;

1. Making a report on the circumstances of a driver who is placed in driving and inquiring about the results of regulating drinking;

1. A written appraisal of alcohol during blood;

1. Previous convictions in judgment: Application of an inquiry letter, investigation report (the same kind of force) and other relevant Acts and subordinate statutes;

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the same kind of criminal records and the alcohol concentration in blood is very high, taking into account the fact that the parked vehicle driven a short distance to move, and it reflects the present mistake in depth.

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