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(영문) 대구지방법원 안동지원 2018.11.30 2018고단611
도로교통법위반(음주운전)
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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

[criminal history] On May 23, 2007, the defendant was sentenced to a summary order of KRW 2 million for a crime of violating the Road Traffic Act, and on November 22, 2007, the same court issued a summary order of KRW 2.5 million for a crime of violating the Road Traffic Act. On November 13, 2008, the same court was sentenced to a suspended sentence of two years for eight months due to a violation of the Act on the Aggravated Punishment, etc. of Specific Crimes and a violation of the Road Traffic Act. On August 12, 2010, the defendant was sentenced to a fine of KRW 8 million for a crime of violating the Road Traffic Act (driving), and on May 27, 2016, the court was sentenced to a suspended sentence of at least 10 million for a period of 20 years for a violation of the Road Traffic Act (driving).

[Criminal facts] On September 14, 2018, the Defendant driven C Poter cargo while under the influence of alcohol leveling 0.181% of approximately 1m alcohol level on the road after the Arts Center located on the roads of the Andong-si Festival festival on September 14, 2018.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against D;

1. Notification of the results of regulating the driving of drinking alcohol and a statement in the circumstances of the driver of drinking alcohol;

1. A report on the occurrence of a traffic accident and a report on actual condition investigation;

1. Investigation report (in-depth inquiry about the results of crackdown on drinking driving and attaching the ledger of driver's license), investigation report (report on the situation of the driver's license), and investigation report (Attachment to a written estimate for inspection and maintenance of the E Motor Vehicle);

1. Previous convictions: Application of a reply to inquiry, such as criminal history, (A) and Acts and subordinate statutes to report criminal investigations (Attachment to the same criminal suspect's previous records);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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

1. The defendant, for the reason of sentencing of Article 334(1) of the Criminal Procedure Act, is sentenced to four times a fine due to driving of the same kind of drinking and two times a suspended sentence.

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