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(영문) 대구지방법원 포항지원 2013.11.18 2012고합146
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 December 3, 2007, the Defendant is a person who violated Article 44(1) of the Road Traffic Act by receiving a summary order of a fine of two million won or more due to a violation of the Road Traffic Act (driving) from the Port Branch of Daegu District Court on December 3, 2007, and by receiving a summary order of two million won or more due to a violation of the Road Traffic Act (driving) in the same court on January 15, 2009.

On May 31, 2012, the Defendant, while under the influence of alcohol of 0.181% from blood alcohol level on May 31, 2012, driven B rocketing car at a section of about five meters from the surface of a gas station at the entrance of a Sejong apartment located in the Nam-gu, Nam-gu, Seoul Metropolitan City, Ocheon-do at the port.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Investigative report, and inquiry into the results of the control of drinking driving;

1. Previous records: Application of inquiry reports and investigation reports, including criminal records, and 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant had three-time and two-time driver’s licenseless driving prior to the instant crime, including the previous conviction on the judgment prior to the instant crime, and that the blood alcohol concentration of the instant case is very high as 0.181%.

Provided, That if the distance of the defendant's driving was shorter, it shall be considered in favor of the defendant.

In addition, the sentence shall be determined as per the disposition in consideration of all the conditions of sentencing, such as the age, occupation, and circumstances after the crime.

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