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(영문) 대구지방법원 2018.11.22 2017고단3905
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months.

Reasons

Punishment of the crime

On November 9, 2010, the Defendant issued a summary order of a fine of KRW 1.5 million for a violation of road traffic law (drinking driving) at the Seogu District Court Branch Branch of the Daegu District Court on November 9, 2010, and on November 5, 2012, the Defendant issued a summary order of KRW 4 million in the same court on the same offense, etc. and was punished for drinking driving two or more occasions.

On April 20, 2017, at around 21:50, the Defendant driven B rocketing car under the influence of alcohol concentration of approximately 0.077% during blood, from around 500 meters to the four distance during which he/she was aware of the name in the middle-gu Northbuk-gu, Daegu-gu.

Summary of Evidence

1. A protocol concerning the examination of the police officers of the accused;

1. Written inquiry about criminal history, etc.;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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. The circumstances, such as the fact that there was a record of being punished three times by a fine due to a crime of violating the Road Traffic Act for the reason of sentencing under Articles 53 and 55(1)3 of the Criminal Act for the mitigation of small amount of punishment, and other conditions of sentencing indicated in the records, including the defendant's age, occupation, sex, family relationship, and circumstances before and after the crime, shall be determined the same as the order.

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