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(영문) 대구지방법원 2020.11.11 2020고단4346

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 28, 2008, the Defendant was issued a summary order of KRW 700,000 by the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 3, 2020, at around 22:40, the Defendant driven BMW car under the influence of alcohol content of approximately 0.072% from the 5km section from the roads in front of the mutual influence in the Cheongju City City to the roads in front of the Cheongju City-si, Cheongju-ri 325-5, Cheongju-ri, the south-gu, Cheongju-si.

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 occurrence of a traffic accident, report on the actual condition of a driving driver, report on the circumstantial statement of a driving driver, the accident site and vehicle photograph;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

The favorable circumstances: Recognizing the crime, it is against the law.

Personal damage has not occurred due to traffic accidents, and physical damage has been restored.

There is no same criminal power after 2008.