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(영문) 대구지방법원의성지원 2020.09.24 2020고단239

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

On January 21, 2008, the Defendant received a summary order of KRW 700,00,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support by the Daegu District Court.

On October 16, 2020, around 16:14, 2020, the Defendant driven the E-wing truck under the influence of alcohol leveling 0.104% of alcohol level from the 5km section to the road before the police box located in C, from the road in front of the dwelling place of the Defendant in the Cheongju-gun B.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and field photographs;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the reflection of the defendant, the distance and the degree of driving under influence of alcohol, and the records of driving under influence of alcohol (one time of fine around 2008).