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(영문) 대구지방법원 2020.07.22 2020고정612

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On October 7, 2015, the defendant was notified of a summary order of a fine of 1.5 million won by the Daegu District Court for the crime of violation of the Road Traffic Act.

On January 5, 2020, at around 00:38, the Defendant driven a motor vehicle from the Do in front of the 'C' restaurant in Daegu Dong-gu, Daegu-gu, to the front road of the D apartment, about approximately 13 km in the direction of alcohol concentration 0.043%.

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 statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (Attachment to summary orders);

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 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. Although there are unfavorable circumstances, such as the driving distance of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, and the fact that there are two times the same kind of electricity, the blood alcohol concentration is considerably short of the criteria for revocation of license, personal rehabilitation due to a large amount of debts, the defendant's age and occupation, etc., the amount of fine shall be determined within the range of punishment to be mitigated by discretionary mitigation, taking into account the defendant's age and occupation. It is so