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(영문) 대구지방법원 영덕지원 2018.07.11 2018고단91
도로교통법위반(음주운전)
Text

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

On November 16, 2012, the Defendant was sentenced to a fine of KRW 1.5 million for a crime of violation of road traffic law in the Daegu District Court Port Support on November 16, 2012, a fine of KRW 3.5 million for a crime of violation of road traffic law in the Daegu District Court Port Support on November 9, 2015, and a fine of KRW 3.5 million for a crime of violation of road traffic law in the Daegu District Court Port Support on April 6, 2017, and was sentenced to a suspended sentence for six months for a crime of violation of road traffic law at the Daegu District Court on April 14, 2017, and the decision became final and conclusive on April 14, 2017.

On April 24, 2018, at around 21:25, the Defendant, via a road in front of the Dolla in the same Gun, which was located in the same Gun, driving again a motor vehicle from approximately 1km to the road front of the Dolla road in the same Gun again under the influence of alcohol content of about 0.072% in blood during the 1km section.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on internal investigation (the details of the detection and refusal to affix seals), investigation report (a medical certificate of a suspect against F) and investigation report (a document attached thereto);

1. Notification of the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, a report on the circumstances of the driving of drinking alcohol, and an inquiry into the enemy;

1. Previous conviction in judgment: Application of Acts and subordinate statutes to a reply to inquiry, such as criminal history, each investigation report (report on confirmation of the past record of the same type, confirmation of the fact that the person is arrested as the executor who has not been punished by the suspect, report on additional attachment of

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. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account all of the factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: The defendant has been subject to punishment three times due to drinking, but he/she again reaches the crime of this case during the period of probation, and other favorable circumstances: the defendant is the case.

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