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(영문) 대구지방법원 서부지원 2019.06.26 2019고단5
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[criminal power] On December 7, 2006, the Defendant was issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act at the Seoul Central District Court (hereinafter referred to as the “Food Driving”). On March 26, 2012, the Defendant issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act (hereinafter referred to as the “Food Driving”).

【Criminal Facts】

Although the Defendant violated Article 44(1) of the Road Traffic Act more than twice, on October 17, 2018, the Defendant once again driven a D-to-purd vehicle from the 100m section from the Daegu-gu front road to the same C front road while under the influence of alcohol content of 0.087% at around 00:35,00.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records before ruling: Application of criminal records, inquiry reports, and investigation reports (examination of the same type of criminal records) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The punishment shall be determined as ordered by taking into account all the circumstances, including the defendant's age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, and the circumstance after the crime, etc., which are conditions for sentencing as shown in the argument of this case, such as the fact that the crime of this case was committed during the period of probation, the amount of drinking alcohol is substantial, the amount of criminal records of the same kind of crime three times: the confession and reflects are being committed; the fact that the crime of this case is being suspended due to another type of crime;

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