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(영문) 대구지방법원 2017.01.19 2016고단6567
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[criminal history] The Defendant was sentenced to a fine of KRW 1.5 million on February 18, 2008 for a violation of the Road Traffic Act (drinking driving) in the Seo-gu District Court Branch Branch of the Daegu District Court on February 18, 2008, and a fine of KRW 2.5 million on May 24, 2010 for the same crime committed by the Daegu District Court on two or more occasions.

[Criminal facts] On November 11, 2016, the Defendant driven a 2km car at around 0.083% water alcohol level among the blood transfusion around 23:58, while under the influence of alcohol leveling to 0.083%, at around November 12, 190 on the street in the Nam-gu Daegu-gu Granddong and at around 0:03, at around 00:03, the Defendant driven a 2km car at around 2km parking lot in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the result of crackdown on driving alcohol;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, investigation report (Attachment to such previous summary order);

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1)1 and 44(1) of the Road Traffic Act, the selection of fines (the fact that the defendant's final record of driving alcohol has been past six years of more than six years, the defendant's blood alcohol concentration level is less than 0.1%, and the defendant's non-compliance with re-violation of a crime is expected not to be re-feasible;

(3) such consideration as the

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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