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(영문) 대구지방법원 2018.09.13 2018고단3058
도로교통법위반(음주운전)
Text

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

The Defendant, at the Daegu District Court on November 8, 201, issued a summary order of KRW 4 million for a crime of violating the Road Traffic Act (drinking driving), etc., and was under the same court on June 24, 201, and was under the influence of drinking on at least two occasions, such as having been sentenced to seven years of imprisonment for the same crime, etc.

On June 12, 2018, the Defendant driven Benz motor vehicle at approximately 1km from the front side of the Daegu-dong Non-Fel Bank at around 0.066% of alcohol content among the blood transfusion around 02:20, to the front side of the Daegu-dong Non-Fel Bank at around 0.066% of alcohol content.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to the investigation report (fix copies of judgment text, etc.);

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. The sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- The fact that a person can be punished for a crime of violating the Road Traffic Act (drinking) - the recognition of the crime, reflectability, and the degree of drinking is relatively low, and the person does not drive drinking again.

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