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(영문) 대구지방법원 김천지원 2013.06.19 2013고단369
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

2. Where the defendant does not pay the above fine; 50.

Reasons

Punishment of the crime

In the Daegu District Court on July 31, 2007, the Defendant received a summary order of one million won or more as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on July 31, 2007, and a fine of 1.5 million won or more as a crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch on May 12, 2010.

On April 10, 2013, the Defendant driven B car under the influence of alcohol level of 0.104% in front of the friendly oil station located in the Domindong in Gumi-si on April 10, 2013.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Previous convictions in judgment: Application of investigation report (former and attachment of summary order) Acts and subordinate statutes;

1. Defendant's legal statement;

1. Inquiry into the result of the crackdown on drinking driving;

1. Previous conviction: Application of a copy of summary order or of Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order are as follows: (a) even though the defendant was subject to criminal punishment as stated in its holding due to a drunk driving and criminal punishment of one million won due to a driving without a license on July 30, 2010, the criminal liability for the crime of this case is not easy to commit the crime of this case again; (b) on the other hand, the defendant has no record of criminal punishment heavier than the suspended sentence, and is against the law, etc., the sentence shall be

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