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(영문) 대구지방법원 2018.08.16 2018고단1580
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On October 14, 2015, the Defendant is a person who has driven drinking at least twice after receiving a summary order of KRW 3 million with the same court on December 7, 2015 due to a violation of road traffic laws (drinking driving), and a person who has driven drinking at least twice after receiving a summary order of KRW 5 million with the same court on December 7, 2015.

On April 6, 2018, while under the influence of alcohol level of 0.133% from blood level around 04:00, the Defendant driven a Crash car at approximately 3 km from the front of the heart cafeteria in Daegu-gu, Daegu-gu, to the front road of the Do government office's underground roadway located in the same city north-gu.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Notification of the results of regulating drinking driving;

1. A survey report on actual conditions;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes to a criminal investigation report (the confirmation during the period of attachment of a summary order or suspension of execution of the same type of power);

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 sentence like the order shall be determined by comprehensively taking into account the following circumstances as to the sentencing reasons under Articles 70(1) and 69(2) of the Criminal Act, and other conditions of the sentencing as shown in the records, such as the Defendant’s age, occupation, sex, family relation, and circumstances before and after the commission of the crime.

- The fact that there was a past record of being sentenced to a fine twice due to the violation of road traffic law (drinking driving), and that there is a possibility that the crime of this case is committed during the period of probation due to the intrusion of structure at night as well as during the period of probation due to theft - the recognition of the crime and reflectability, and again the driving of drinking would not be driven again.

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