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(영문) 대구지방법원 포항지원 2019.10.17 2019고단1000

도로교통법위반(음주운전)

Text

The sentence against the accused shall be 10,000,000 won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On December 3, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (driving) at the port branch of the Daegu District Court on December 3, 2012.

【Criminal Facts】

On July 10, 2019, at around 20:30, the Defendant was under the influence of alcohol with 0.083% of alcohol level 0.083%, and was under the influence of the Defendant, at the south-gu B apartment C-dong parking lot, 10 meters away from Dpoter cargo level.

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. Statement to E by the police;

1. Investigation report on actual condition, report on the control results of drinking driving, and circumstantial statement of drinking drivers;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (a copy of a summary order of the same attached power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act that choose a punishment for a crime [The selection of a fine, the degree of blood alcohol concentration, the degree of no same kind of power other than the one-time punishment for a drunk driving, and the fact that there is no record of being punished as a sentence of imprisonment for a definite term];

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;