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(영문) 대구지방법원 경주지원 2012.06.15 2012고합42
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On August 2, 2006, the Defendant was issued a summary order of KRW 2.5 million due to a violation of the Road Traffic Act, etc. at the Daegu District Court racing support, and on September 2, 2010, the Defendant was issued a summary order of KRW 1 million due to a violation of the Road Traffic Act.

On February 16, 2012, at around 04:00, the Defendant driven a B earthcar in the state of alcohol alcohol concentration of approximately 0.057% from the 15km section around the main point of “pungri” located in Dongcheon-dong, Seocheon-si to the road near the entrance of the sperm village in the racing-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: Application of inquiry reports on criminal records, etc. and investigation reports (a copy of summary order attached) Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The defendant, who has been punished twice due to drunk driving under Article 334(1) of the Criminal Procedure Act, was sentenced to punishment twice, the Road Traffic Act has been amended, the punishment for drunk driving has been strengthened, the drinking volume of this case has not been high, his mistake has not been divided in depth, and other punishment conditions as ordered, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case, and the circumstances after the crime, etc., shall be determined by taking into account all the sentencing conditions indicated in the records of this case.

It is so decided as per Disposition for the above reasons.

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