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(영문) 대구지방법원 의성지원 2019.09.05 2019고단188

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 June 30, 2016, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act (driving) in the family court of Daegu District Court on June 30, 2016.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, around July 2, 2019, around July 2, 2019, the Defendant driven a galone bomb cab while under the influence of alcohol at approximately 800 meters in the section of approximately 0.126% of blood alcohol concentration from the front side of the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-gun, and the front side of D in the same military C.

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. Report on the circumstantial statements of a drinking driver and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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. In particular, the reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the Provisional Payment Order shall be taken into account such as the reflectivity of the defendant, the same kind of power (one time a fine), the degree of