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(영문) 대구지방법원김천지원 2020.11.12 2020고단883

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] The Defendant was issued a summary order of KRW 500,000 on September 14, 2009 by the Daegu District Court Kimcheon-do, for the crime of violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On May 4, 2020, at around 21:25, the Defendant driven a F low-speed car in the state of alcohol alcohol concentration of about 0.03% from the 1km section from the front of the frequency of C in Gumi-si B to the front of the E Union located in D at the same time.

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. Report on the circumstantial statement of a drinking driver, and inquiry into the results of crackdown on drinking drivers;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports (verification of the same kind of suspect's records), and application of Acts and subordinate statutes governing summary orders;

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) 6 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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are prior to ten years, and the same criminal records of the defendant are subject to the low blood alcohol concentration in the instant case, and the defendant's age, character and conduct, environment, motive, means and consequence of the crime, and all the conditions of the sentencing shown in the pleadings of the instant case, including the circumstances after the crime, shall be determined by taking into account the following factors.