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(영문) 대구지방법원 2017.08.01 2017고단3107
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of 6,500,000 won.

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

Reasons

Punishment of the crime

[criminal history] The defendant is a person who has been sentenced to a fine of one million won on May 22, 2007 to a violation of road traffic law at the Seo-gu District Court Branch of the Daegu District Court (Down-gu) and a fine of two million won on May 22, 2008 to a fine of two million won or more for the same crime at the Daegu District Court.

[2] On June 3, 2017, the Defendant driven a vehicle with low alcohol level of 0.211% under the influence of alcohol level 0.21% at a 1km section in front of Daegu Suwon-gu, 49 Geum River on the road front of Daegu Suwon-gu, Daegu-gu, Daegu-gu, Seoul-do, where the Defendant was under the influence of alcohol level 0.31%.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report, etc. on the situation of the driver at home;

1. Previous conviction in judgment: Application of a reply letter to inquiry, such as criminal history;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1, 44(1)2, the main text of Article 46(2)2, and Article 8 of the Guarantee of Automobile Damage Compensation Act (the operation of an automobile which is not mandatory insurance), the choice of each fine (the former records in the judgment are the whole of the Defendant’s driving power of drinking, the Defendant’s final driving power of drinking is the past nine years, and the Defendant’s second driving power of drinking is the past nine years of more than nine years, and the Defendant would not again stop re-offending;

(3) such consideration as the

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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

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

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