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(영문) 대구지방법원 김천지원 2015.01.14 2014고단1345
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

The Defendant is a person who, under the influence of alcohol on March 6, 2013, driven a motor vehicle with a blood alcohol level of 0.201% on March 6, 201 and with a blood alcohol level of 0.076% on June 5, 201, violated the prohibition on driving a motor vehicle under the influence of alcohol at least twice.

On October 22, 2014, at around 22:40, the Defendant driven a DNA-type car with a blood alcohol concentration of about 0.152% in the section of approximately 1 kilometer from 22:0 to 3:0,000 to 4:0,000, in the state of alcohol level of about 0.152% in front of the original restaurant.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the state of the operation of a motor vehicle;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports (A), investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) 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 is that the defendant has been punished several times for the same kind of crime, and in particular, even though he is currently under the period of suspension of execution due to the same kind of crime, he/she has committed the crime of this case, and is also subject to severe punishment due to a very high drinking level.

However, considering the fact that there are circumstances to take into account the motive of the crime by driving after drinking the alcoholic beverage on the day on which the agreement with the wife is reached, support for the family while living at the workplace, reflects the fact, and expresses the intent not to repeat the crime by selling the said car, the punishment shall be determined as per the order.

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