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(영문) 대구지방법원 2019.07.17 2018고단1556
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

The Defendant, at the Daegu District Court, was sentenced to a fine of two million won for a violation of the Road Traffic Act on July 24, 2002 and a summary order of five million won for a violation of the Road Traffic Act on August 8, 2006 and a fine of five million won for a violation of the Road Traffic Act on August 8, 2006, and was sentenced to eight months for a violation of the Road Traffic Act on March 23, 2010, and was sentenced to a fine of four million won for a violation of the Road Traffic Act on February 17, 2014. On November 27, 2014, the Defendant was sentenced to a fine of eight months for a violation of the Road Traffic Act on April 13, 2015 and completed the execution of the sentence in the Daegu Detention House on April 13, 2015. A person who was sentenced to a fine of two million won or more after a violation of the Road Traffic Act on December 22, 2017 during the repeated period.

On February 8, 2018, at around 02:55, the Defendant driven a GTS125CC motorcycle from the influent land below the Daegu Dong-dong-gu 0.062% of alcohol level to the front road of the same Gu under the influence of alcohol level 0.062%.

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. Defendant's legal statement;

1. Statement of D police statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Each photograph: Accident site, damaged vehicles, and black stuffs video files;

1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44 (1) of the former Road Traffic Act (amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019);

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The period of punishment for the sentencing of Article 334(1) of the Criminal Procedure Act is more than 10 times.

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