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(영문) 대구지방법원 경주지원 2017.03.22 2016고단576
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[criminal history] On October 6, 2008, the Defendant was issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act in the Daegu District Court and Racing Support, and was sentenced to a fine of KRW 3 million for the same crime in the same support on October 17, 2012, and was sentenced to a suspended sentence of 10 months and 2 years for the same crime in the same support on June 25, 2014.

[2] On July 11, 2016, at around 23:05, the Defendant driven Cpoter II cargo vehicles under the influence of alcohol content of about 0.158%, from around 5 meters to the three-distance front of the entrance of Tpool Do-dong Do-dong Do-dong Do-dong Do-dong-dong Do-dong (Seoul) in front of the entrance of Do-dong Do-dong Do-dong Do-dong-dong,

Summary of Evidence

1. Statement by the defendant in court;

1. The survey report on actual condition, on-site photographs, the statement report on the situation of the driver in charge of driving, and the notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order, 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. 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, even though the Defendant had had the same record of probation, including the record of probation, committed the instant crime. However, the Defendant confessions and reflects the Defendant, a part of the vehicle which was parked at the D’s request to ensure and change the parking space after drinking at a restaurant, and the distance of movement is relatively short, shall be decided to select a fine only once, taking into account the following factors: (a) the Defendant, who was parked in the restaurant and was parked in the parking space, shall be sentenced to a fine as ordered; and (b) the punishment shall be determined as ordered by the order, taking into account all the factors of sentencing specified in the instant trial.

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