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대구지방법원 경주지원 2020.07.23 2020고단272

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

【Criminal Power】 On November 17, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Daegu District Court racing support.

【Criminal Facts】 On December 7, 2019, at around 22:20 on December 7, 2019, the Defendant driven the E Car with no alcohol level 0.047% under the influence of alcohol level 0.047% from the 300-meter section from the cafeteria in the front of the racing-si.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Application of Acts and subordinate statutes to a criminal investigation report (Attachment to a summary order of the same attached power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 sentencing grounds of Article 334(1) of the Criminal Procedure Act for the provisional payment order shall be determined as ordered by comprehensively taking into account the following factors: (a) the background of the instant crime; (b) the volume of blood alcohol concentration; (c) the distance of drunk driving; (d) the criminal records; and (e) the Defendant’s age, environment, character and conduct, and circumstances after the instant crime;