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(영문) 대구지방법원 2020.02.13 2019고단6683

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On November 27, 2006, the Defendant was issued a summary order of KRW 4 million with a fine of KRW 7 million due to a violation of the Road Traffic Act (driving) at the Daegu District Court on November 27, 2006, and a summary order of KRW 2 million with the same crime at the same court on July 7, 201.

On December 1, 2019, at around 02:05, the Defendant driven a clance car with a blood alcohol concentration of 0.124% under the influence of alcohol from the front of the Daegu Suwon-gu B market to the front of the Suwon-dong Police Station located in the same Gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes of the Daegu District Court No. 201 High Court No. 2197, Daegu District Court No. 2006 High Court and the summary order No. 46652;

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. The sentencing of Articles 70(1) and 69(2) of the Criminal Act shall be determined by taking into account the following conditions of the sentencing as well as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

- The fact that there is a history of punishment of each fine on one occasion for the violation of the Road Traffic Act (refluence of drinking), and the violation of the Road Traffic Act (refluence of drinking), the recognition and reflect of the crime, and the non-driving of drinking again.