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(영문) 대구지방법원 김천지원 2014.07.02 2014고단319
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a B E-car.

On February 4, 2014, at around 23:50, the Defendant driven the said car at approximately one meter in the state of alcohol alcohol concentration of 0.103% before the Gatodoodong-dong, Sinsi-si.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has a history of criminal punishment twice, including suspended sentence due to drinking driving, the punishment for the crime is not weak due to drinking driving.

However, while the defendant walking along a road, the female (C) of the living side site also found that there was contact with the male (D) in the living side site, and found that there was an accident of contact with the male (D) in the living side site, and brought about one meter back for the above C. However, it was controlled by the police officer as a drinking driving. However, there were circumstances to be considered in terms of the motive and circumstances of the drinking driving, the driving distance is short, and the above C and D want to take the defendant's prior seat, and determine the sentence like the order.

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