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(영문) 대구지방법원 경주지원 2020.04.28 2020고정39

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On June 28, 2007, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On July 11, 2019, at around 22:33, the Defendant driven a Dro-car while under the influence of alcohol concentration of approximately 0.046% from a section of approximately 100 meters from the front to C’s road.

Accordingly, the defendant, who violated the Road Traffic Act's prohibition of drinking driving, was driving a motor vehicle under the influence of alcohol in violation of the same provision.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. A written appraisal;

1. Application of Acts and subordinate statutes, such as criminal records;

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) 6 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;