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(영문) 대구지방법원 의성지원 2017.03.02 2017고단17
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 5,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On July 13, 2007, the Defendant was notified of a summary order of a fine of one million won for a crime of violating the Road Traffic Act at the Daegu District Court on July 13, 2007, and on October 11, 2012, the above court received a summary order of a fine of one million won for a crime of violating the Road Traffic Act from the above court on February 201.

On November 20, 2016, the Defendant, while under the influence of alcohol of 0.131% during blood transfusion, driven a bicycle with B motor device at a section of about 5km from the Heung-gun of the Gyeongbuk-gun to the 919th road in front of 11:50.

As a result, the Defendant violated the prohibition clause on driving under the influence of alcohol more than twice, but once again operated a motor device under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver making a drinking and notification of crackdown on the results of drinking driving;

1. Records of the judgment: Application of inquiry letter, investigation report (Attachment to the judgment)-related Acts and subordinate statutes, such as criminal history;

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. The fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the Republic of Korea has two times the same criminal records as the defendant for the reason of sentencing, and that the alcohol concentration of the defendant's blood was 0.131% higher than the defendant's blood at the time of the crime in this case, etc. are disadvantageous to the defendant, or that the defendant operated the motor device in drinking condition, the defendant recognized and reflected his/her own crime, the defendant has no criminal record exceeding the fine, and the defendant's age, sex, sex, environment, background of the crime, circumstances after the crime, etc. shall be determined as the sentence as ordered, taking into account all the sentencing conditions shown in the argument in this case

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