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(영문) 대구지방법원 김천지원 2013.05.01 2013고단220
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On March 21, 2008, the Defendant was sentenced to a suspended sentence of two years for a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on March 21, 2008. On January 7, 2009, the Defendant was issued a summary order of four million won for a fine for a violation of the Road Traffic Act (driving) in an Ansan Branch of the Suwon District Court on January 7, 2009.

On February 20, 2013, at around 21:25, the Defendant driven a ecoo vehicle B while under the influence of alcohol leveling 0.097% from a section of about 500 meters from the front of a cafeteria in the upper and the front of a ice apartment located in the Gu, the Gu, Si, Si, Gu, and Gu.

Accordingly, the Defendant again driven a motor vehicle under the influence of alcohol in violation of Article 44(1) of the Road Traffic Act as a person who violated Article 44(1) of the Road Traffic Act more than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. Previous records: Application of the Acts and subordinate statutes applicable to inquiry reports on criminal records, investigation reports (reports on criminal records and attachment of judgments);

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order shall be determined as ordered in consideration of the circumstances such as the reason for sentencing, drinking volume, driving distance, the same kind of crime record, etc.

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