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(영문) 대구지방법원안동지원 2020.08.12 2020고단162

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On April 6, 2016, the Defendant received a fine of KRW 4 million for a violation of the Road Traffic Act (driving) from the Daegu District Court’s Ansan Branch on April 6, 2016.

【Criminal Facts】

On March 10, 2020, the Defendant driven D SP car under the influence of alcohol leveling 0.161% of alcohol level from around 2 km to the front road of the restaurant where it is impossible to know the trade name in the PPP Eup at permanent residence at around 19:00 to the front road of the CM in the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal ground, criminal report, investigation report, notification on the results of the control of drinking driving (Attachment to 112 Report List), internal investigation report, vehicle accident inquiry, ledger of driver's license, copy of driver's license, investigation report (with respect to the place from which the driving of a motor vehicle starts)

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

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 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 order of provisional payment is that the defendant again committed the crime of drinking alcohol in this case even though he had been punished for the same crime around 2016.

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant has no record of punishment in excess of the fine, the circumstances favorable to the defendant, such as the defendant's occupation, age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., the punishment as ordered shall be determined in accordance with the order.