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(영문) 대구지방법원 2018.05.03 2018고단1014
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] The Defendant, at the Daegu District Court on March 27, 2015, is a person who has driven drinking at least twice after receiving a summary order of a fine of KRW 3 million for a crime of violating road traffic law, and on December 30, 2015, the same court issued a summary order of KRW 4 million for the same crime.

[Criminal facts] On February 27, 2018, the Defendant driven C Hatoba while under the influence of alcohol leveling 0.21% of alcohol leveling from approximately 1.5km to the front road of the 1.5km in addition to the Dogdong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, Gandong-gun, B.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, a report on investigation (verification of driving skills under drinking not less than twice) and a summary order;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act is based on the following circumstances: (a) the Defendant’s age, sex, environment, motive, means and consequence of the commission of the crime; and (b) the sentencing conditions are determined as ordered by taking into account all the circumstances, such as the circumstances after the commission of the crime.

D. Unfavorable circumstances: The defendant has already been punished for driving under drinking more than one time; the defendant committed the crime of this case without being able to do so during the period of suspension of execution due to special intimidation, etc.; the circumstances favorable to the high alcohol concentration in blood: The defendant's wrong and reflects the defendant's mistake; the defendant does not repeat the crime; the driving distance is not long; the driving distance is not clear; there is no punishment heavier than the suspension of execution due to drinking driving.

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