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(영문) 대구지방법원 2019.09.26 2019고단4059

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 18, 2007, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon Branch of the Daegu District Court on December 18, 2007.

On August 4, 2019, at around 01:58, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.156% on the front road of Daegu-gu, Daegu-gu, and around 200 meters before the front road of the same Gu, while under the influence of alcohol concentration of about 0.156%.

Accordingly, the Defendant driven a vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Making a report on the control of drinking driving;

1. A investigative report (CCTV image photograph);

1. Previous records of judgment: The application of criminal records, repeated statements, and 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The fact that there was a history of punishment for the same kind of crime, the fact that blood alcohol level is relatively favorable: A confession and reflects, the fact that ten years have passed since the punishment power, and other circumstances shown in the pleadings of this case, such as the defendant's age, character and conduct, environment, family relationship, motive and consequence of the crime, and circumstances after the crime, etc., shall be determined as per the order.