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(영문) 대구지방법원 2016.11.03 2016고단4112
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal record] On June 27, 2007, the Defendant was issued a summary order of KRW 3 million for the same crime in the same court and KRW 1.5 million for the same crime in the same court on June 29, 2011.

[criminal power] On August 31, 2016, at around 21:22, the Defendant driven a Dhump motor vehicle with a blood alcohol concentration of 0.163% under the influence of alcohol from approximately 800 meters away from the front of the “redung Kancheon-dong,” located under the center of the Daegu Northern City, Daegu, Daegu, to the front of the future town located in the same Gu.

As a result, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice, and drives a car under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Making a report on the control of drinking driving;

1. Before ruling: Application of references to criminal records, copies of summary order, and Acts and subordinate statutes;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of a fine (see, e.g., the fact that the recent records of drinking driving by the accused have been past five years, and that the accused seems to not repeat again and to reflect his/her attitude to avoid repeating the offense);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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