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(영문) 대구지방법원포항지원 2020.11.11 2020고단1226

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 14,000,000.

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

Reasons

Criminal facts

【Criminal Power】 On February 18, 2008, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violation of the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around 00:05 on September 16, 2020, the Defendant driven a FEXE car under the influence of alcohol with approximately 600 meters alcohol concentration of about 0.110% in the section of approximately 600 meters from the road near the CPO distance located in Southern-gu, Seoul to the front road located in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of any case suspected of violating the Road Traffic Act, report on the control of drinking driving and report on the results thereof, and report on the state of state of drinking drivers;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of the same type of suspect records);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, and selection of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the blood alcohol concentration in the sentencing reason, the criminal records in the holding that the sole penal power is the criminal records, the defendant's reflectivity, etc.