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(영문) 대구지방법원 서부지원 2018.10.12 2017고단2802
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 29, 2007, the Defendant was sentenced to a summary order of KRW 2 million as a crime of violating the Road Traffic Act (drinking driving) in the resident support of the Daegu District Court, and on November 7, 2017, the Defendant was sentenced to a fine of KRW 3 million as a crime of violating the Road Traffic Act (drinking driving) in the same court.

From June 1, 2017 to July 20, 2017, the Defendant was under the suspension of the driver’s license. On June 25, 2017, the Defendant driving a motor vehicle with Csch Rexroth in approximately 300 meters from the 300-meter radius to the front road of Daegu Northern-gu, in the state of being under the influence of 0.137% alcohol while under the influence of alcohol during blood, without obtaining the driver’s license.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, even though the Defendant violated the prohibition of drinking at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Documents related to the investigation report (for the execution process of suspension of driving license), and the execution of suspension;

1. Previous convictions in judgment: A criminal investigation report (verification of the same kind of force, etc.), a written inquiry about criminal history, and the application of Acts and subordinate statutes to an investigation report (for drinking driving force);

1. Article 148-2 (1) 1, Article 44 (1) of the Road Traffic Act concerning facts constituting an offense, and Articles 152 (1) and 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant was punished several times due to drinking alcohol driving. On April 25, 2017, the Defendant was sentenced to two years of suspended sentence in October due to the crime of injury at resident support at the Daegu District Court, and was sentenced to two years of suspended sentence on May 3, 2017, and the said judgment became final and conclusive on May 3, 2017, and is still under suspended sentence. In addition, the Defendant needs to be strictly punished.

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