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(영문) 대구지방법원 서부지원 2020.05.14 2019고단2515

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 20,000,000.

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

Reasons

Punishment of the crime

[criminal power] On January 13, 2005, the Defendant violated the provision on prohibition of drunk driving by receiving a summary order of KRW 5 million from the Daegu District Court to a fine of KRW 1.5 million as a crime of violation of the Road Traffic Act, and from the Seoggu District Court Branch on June 30, 2015 to a fine of KRW 5 million as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On July 7, 2019, at around 16:42, the Defendant driven a DNA rocketing car under the influence of alcohol by 0.160% from the portion of approximately 1km to the pre-road of the seafarer distance in 203 as a crew member of the same Gu, around 16:52 the same day from the front of the Cmiddle School in Daegu Seo-gu, Daegu, Daegu, and around 16:52.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement to E by the police;

1. A report on the occurrence of a traffic accident, a report on the circumstances of a drinking driver, a report on the control of drinking and driving, an inquiry report on the actual condition;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

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. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act, despite the fact that the defendant had been punished twice due to drunk driving, the crime of this case is committed and the drinking water is high, etc. are disadvantageous.

However, in light of all the sentencing conditions as shown in the arguments of this case, including the fact that the defendant confessions the crime of this case and repents the mistake, the fact that there is no specific penalty power other than the records of the above punishment, the vehicle is dismissed from the position of this case, the vehicle is scrapped, and the defendant's age, character and conduct, environment, family relationship, means and result of the crime, and circumstances after the crime.