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(영문) 대구지방법원 서부지원 2020.06.10 2019고단3260

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On December 21, 2007, the defendant was issued a summary order of KRW 700,000 as a crime of violation of the Road Traffic Act at the Sungnam Branch of Suwon District Court on December 21, 2007.

【Criminal Facts】

On October 8, 2019, at around 07:50, the Defendant driven a Epoter Ⅱ in the state of alcohol alcohol concentration of approximately 0.154% at the section of about 1km from the Daegu Seo-gu Belel road to the front day of the D shop located in Daegu Seo-gu Belel.

As a result, the Defendant driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition on drinking.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. Investigation report (report on the status of a driver), investigation report (report on the place of a traffic accident);

1. The actual condition survey report;

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to criminal records, etc. inquiry reports (A) and investigation reports (related to the history of sound driving);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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 of the order of provisional payment is that the defendant repeated the same crime even though he had been punished by a fine on one occasion due to drinking driving in 2007. The defendant's blood alcohol concentration at the time of the instant case is very high to 0.154%, and causes a traffic accident that conflict with another person's vehicle which has been stopped, it is necessary to strictly punish the defendant.

However, it appears that the defendant has an attitude to recognize and repent the facts of crime, and the fact that there is no record of criminal punishment other than the fine imposed once as seen earlier, etc. shall be considered as favorable to the defendant, and the age, character, character, environment, family relationship, family environment, and circumstances of the crime.