beta
(영문) 대구지방법원경주지원 2020.11.11 2020고단360

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 8, 2011, the defendant was issued a summary order of 2.5 million won by the Busan District Court as a crime of violation of the Road Traffic Act.

On December 30, 2019, at around 20:15, the Defendant driven the Eco-sports cargo vehicle while under the influence of alcohol content of approximately 0.083% from the section of approximately 400 meters to the arrival of the D parking lot road located in C, from the front of the 2019.

As a result, the defendant was a person with the history of violating the Road Traffic Act's prohibition of drinking driving, driving a motor vehicle under the influence of alcohol again in violation of the above prohibition of drinking driving.

Summary of Evidence

1. The defendant's legal statement, the report on his/her circumstantial statement, the investigation report, and the notification of the result of crackdown on drunk driving;

1. Previous records of judgment: Investigation report (Attachment of a report on the control of drinking driving), inquiry report such as criminal records, and application of Acts and subordinate statutes to confirm the records of drinking driving;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act (the selection of driving under influence or a fine not less than twice);

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 Article 334(1) of the Provisional Payment Order shall be determined as ordered in consideration of the numerical value of blood alcohol level and the circumstances that may not be considered in the course of committing the crime; and