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(영문) 대구지방법원 2013.04.03 2012고합1282
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On December 4, 2007, the Defendant issued a summary order of KRW 1,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on December 18, 2007, and such summary order became final and conclusive on December 18, 200 of the same year, and on April 26, 2010, issued a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on April 26, 201.

5.7 The summary order became final and conclusive.

On October 25, 2012, at around 00:05, the Defendant driven CNS car at approximately 700 meters from the ridge restaurant in the Dong-dong, Daegu-gu, Daegu-gu, to the front road of the entrance of the village amusement park located in the same Dong-dong, while under the influence of alcohol by 0.05% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a violation of the Road Traffic Act, report on the circumstances of a drinking driver, and notification of the results of the crackdown on drinking;

1. Previous convictions in judgment: Application of Acts and subordinate statutes, such as inquiry reports and investigation reports (Attachment of judgment);

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the negative value is low and that the defendant is against his/her gender);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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