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(영문) 대구지방법원 2020.04.28 2020고단888

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

On December 30, 2016, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act by the Daegu District Court.

Although the Defendant had the history of violating the provision prohibiting a drunk driving under the Road Traffic Act, at around 00:30 on December 7, 2019, the Defendant driven the EZ30-A Oral Seab in the direction of approximately 200 meters from the road front of the C convenience store in Daegu Northern-gu, Daegu Northern-gu, to the front road of the D Apartment apartment in Daegu-gu, Daegu-gu, while under the influence of alcohol of about 0.133% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement concerning F;

1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;

1. An accident site photograph;

1. Criminal records, inquiry reports, and the application of Acts and subordinate statutes to investigation reports (verification of records of the same kind of drinking of a suspect);

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 does not mean that the defendant's error in the reason for sentencing is not somewhat weak, traffic accidents have occurred and the main degree of taking place is contrary to the circumstances that are favorable to the defendant, and that social ties are clear, other favorable conditions such as the defendant's age, character and conduct, environment, background of the crime, means and consequence of the crime, etc., taking into account various sentencing conditions in the trial process of this case, such as the defendant's age, character and conduct, circumstances after