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(영문) 대구지방법원 2012.12.26 2012고합1247
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 7, 2006, the Defendant issued a summary order of KRW 2,000,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court on December 26, 2006, and the summary order became final and conclusive on December 26, 200. On September 28, 2012, the Daegu District Court issued a summary order of KRW 2,000,000 as a penalty for a violation of the Road Traffic Act, and the summary order became final and conclusive on October 13 of the same year.

At around 00:20 on September 29, 2012, the Defendant driven a vehicle of 150 meters from the front day of the children's hall near the Daegu Suwon-dong to the home-pluger road located in the same Gu, while under the influence of alcohol by 0.067% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a suspect in violation of the Road Traffic Act, statement of the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking;

1. Records before ruling: Application of inquiry reports and investigation reports by the prosecution (report on the binding of the same type of criminal records and the summary orders), including criminal records;

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. Article 53 or 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., the fact that the negative value is low and that the defendant is against his/her gender);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.

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