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(영문) 대구지방법원포항지원 2020.08.19 2020고단743

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 17,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 2, 2009, the Defendant was issued a summary order of KRW 1,50,000,000 as a crime of violation of the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Facts】

At around 01:50 on May 21, 2020, the Defendant driven a Don-do car under the influence of alcohol concentration of about 0.167% from the 5km section from the north-gu, Mapo-si, B to the front road of the same Gu C, while under the influence of alcohol level of about 0.167%.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving ( May 21, 2020);

1. Previous records of judgment: Application of criminal records, reply reports (A) and Acts and subordinate statutes to investigation reports;

1. Relevant legal provisions concerning criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (including the selection of a fine, the blood alcohol concentration high, the violation of errors, the risk of unemployment when sentenced to a suspended sentence or a heavier punishment, the driving of the case does not cause any traffic accident due to the driving of the case, the defendant has no record of being punished excluding punishment for fines on two occasions due to drinking driving, etc., and the fact that he currently goes to and from work by a bicycle or public transportation, etc.);

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

1. It is so decided as per Disposition for not less than Article 334(1) of the Criminal Procedure Act.