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(영문) 대구지방법원 2019.08.08 2019고정385

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

The Defendant was issued a summary order of KRW 2.5 million at the Seoul Central District Court on December 19, 2014, and was sentenced to a fine of KRW 8 million at the Seoul East East District Court on October 15, 2015 due to the same crime.

On January 30, 2019, at around 06:15, the Defendant driven a B rocketing car with approximately 2 km from the front of the four-distance street in the Daegu Northerndong market to the front of the transformation station located in the same Gu, with the blood alcohol concentration of at least 0.118%.

Accordingly, the defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Statement of the status of the driver;

1. Notification of the control of drinking driving;

1. Application of Acts and subordinate statutes to investigation reports, criminal records, and replys to criminal records;

1. Article 148-2(1)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;