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(영문) 대구지방법원 경주지원 2020.02.06 2019고단579

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

[criminal power] On April 26, 2010, the Defendant issued a summary order of KRW 3 million for a violation of the Road Traffic Act (driving) at the Ulsan District Court on April 26, 201, and on February 12, 2019, the Defendant was issued a summary order of KRW 1.5 million for the same crime.

【Criminal Facts】

On September 28, 2019, at around 23:30 on September 28, 2019, the Defendant driven a Fluter car with approximately 100 meters alcohol concentration at approximately 0.074% while under the influence of alcohol in the direction of approximately 100 meters from the front of the C Convenience store located in Si-si, Young-si to the front of the Ecafeteria located in Si-si.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. An inquiry report, such as a criminal history;

1. Investigation report (Confirmation of the same kind of power) - Application of each one of the summary order Acts and subordinate statutes;

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 as follows: (a) the background leading up to the instant crime (a) of the instant crime (a woman-friendly Gu, together with a woman-friendly Gu to be married, drives in the state of drinking in a multi-level manner by resisting the clothes and blood transfusion); (b) the blood alcohol concentration (0.074%) in the instant case; (c) the blood alcohol concentration (including approximately 100 meters); (d) the alcohol driving distance (including about 100%) the criminal records (including 16% in October 2010, 2010; 086% in 2018); family relationship (77 years old) and all other factors of sentencing indicated in the instant records and arguments, such as the Defendant’s age, environment, character and conduct, motive and means of the crime;