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(영문) 대구지방법원 의성지원 2019.11.29 2019고단322

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 September 19, 201, the defendant received a summary order of KRW 700,00 as a fine for a violation of the Road Traffic Act (driving) in the Family Court of Daegu on September 19, 201.

On October 26, 2019, at around 20:25, the Defendant driven CM5 car in the state of alcohol with approximately 3 km alcohol concentration of about 0.168% from the 3km section to the front road of the Yong-gun-gun traffic signal zone.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, an accident site photograph, a report on the circumstantial statement of a drinking driver, an investigation report, investigation report on the control of drinking drivers, inquiry into the results of the crackdown on drinking drivers, and an investigation report (on-site conditions and photographs);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes of a summary order;

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 reflection of the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree and running distance of the defendant, the same kind of power (one time of fine), etc. shall be taken into account.