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(영문) 대구지방법원 김천지원 2015.04.09 2015고정96
도로교통법위반(음주운전)
Text

A fine of three million won shall be imposed on a defendant.

Where the above fine is not paid, one million won shall be converted into one day.

Reasons

Punishment of the crime

On December 3, 2007, the Defendant issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch, and a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the same court on July 7, 2014, respectively.

On December 16, 2014, at around 13:53, the Defendant driven B Poter Cargo Vehicle while under the influence of alcohol of about 0.104% of blood alcohol concentration at the road located in Samsung C&F apartment in front of Samsung C&F apartment, which is located in the old Simsidong.

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. Report on the situation of running a driving under the direction of the driving under the direction of the driver and the circumstantial statement of the driver;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports and investigation reports (a summary order attached to the same criminal records);

1. Relevant provisions of Article 148-2 (1) 1 and Article 44 (1) of the Road Traffic Act concerning criminal facts, and the selection of fines;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (Consideration of crimes, driving distance, criminal record relationship, living relationship, confession, reflectivity, etc.);

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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