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(영문) 대구지방법원 서부지원 2020.06.25 2019고단3051

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On November 29, 2018, the Defendant was issued a summary order of KRW 1 million by the Daegu District Court due to a violation of the Road Traffic Act.

On October 19, 2019, around 23:47, the Defendant driven a motor vehicle in the E Sp-type under the influence of alcohol level of about 0.073% from a 500-meter section from the front road in Daegu Seo-gu B to the front road in the same Gu D market.

Summary of Evidence

1. Defendant's legal statement;

1. Reports on detection of suspects in violation of the Road Traffic Act, reports on the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, and circumstantial statements of drinking drivers;

1. Previous convictions: Criminal records, investigation reports (Attachment of previous convictions and attachment of judgment), and application of a copy of judgment statutes;

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 is that the Defendant committed the instant crime on November 29, 2018, even though he/she had the record of being punished by a fine due to drinking driving on November 29, 2018.

However, the punishment as ordered shall be determined in consideration of all the sentencing conditions shown in the arguments of this case, such as the defendant's confession of the crime of this case and the mistake is divided, the fact that there is no particular record of punishment other than the above punishment, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.