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(영문) 대구지방법원김천지원 2020.09.23 2020고단574

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On August 30, 2006, the defendant was issued a summary order of 2 million won or more due to a violation of the Road Traffic Act in the Daegu District Court Kimcheon-gu branch on August 30, 2006.

On February 29, 2020, at around 01:07, the Defendant driven DK7 car in the state of alcohol alcohol concentration of about 0.085% from the section of approximately 1 kilometer from front to front of the C cafeteria located in B, from the road in the Gu-si, Si-si, Gu-si.

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

Summary of Evidence

1. Report on the legal statement of the defendant, the driver, the standing statement, and the survey report on the actual condition of the drinking driving control;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same type of crime records) and other Acts and subordinate 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 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are recognized to be erroneous by the defendant, the records that have been punished once due to drinking driving in the past have been served for more than 10 years, and the defendant's blood alcohol concentration, driving distance, driving distance, circumstances leading to the defendant's driving at the time of the crime of this case, and all of the sentencing conditions shown in the records and arguments, including the defendant's condition at the time of driving, shall be determined