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(영문) 대구지방법원 2016.12.15 2016고단5601
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On March 12, 2010, the Defendant was notified of a fine of KRW 2 million by the Daegu District Court for a violation of the Road Traffic Act (driving). On June 30, 2010, the Defendant was notified of a fine of KRW 3 million by the same court due to the same crime.

【Criminal Facts】

On October 23, 2016, the Defendant, as a person who violated Article 44(1) of the Road Traffic Act two or more times, driven B Poter cargo under the influence of alcohol at approximately 0.053% of blood alcohol concentration on the section of about 10km from the front of a restaurant in the middle-gu Yong-gu, Daegu, Daegu to the front of the cafeteria Daegu-gu, Daegu-gu, the Defendant driven a B Poter cargo under the influence of alcohol level of about 0.053%.

Summary of Evidence

1. Defendant's legal statement;

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

1. Judgment division: Application of double-entry Acts and subordinate statutes, such as a copy of an inquiry into criminal records, and a copy of a summary order;

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, the selection of fines (such as: (a) the fact that the period of final drinking driving exceeds six years; (b) the Defendant’s blood alcohol concentration is not higher than that of the Defendant; and (c) the Defendant’s attempt not to repeat re-offending, etc.);

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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