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(영문) 대구지방법원 경주지원 2021.01.06 2020고단719

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

[Power of crime] On March 14, 2012, the Defendant was issued a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court racing support.

[2] Although Defendant 1 had a record of violating the prohibition of drinking driving as above, Defendant 2 driven D Le 2.0S LPG AT car at around 20m section from around September 13, 2020 to around C, from around 2km to around C, around September 13, 2020.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. The defendant's legal statement report on the circumstances of the driver placed in driving and notification of the result of regulating drinking driving;

1. Previous convictions: Application of Acts and subordinate statutes to inquire into criminal history, report on investigation (report on the result of confirmation of the previous convictions of the disposition and report on the date of release);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 13731, Jun. 9, 2020) on criminal facts: (a) (the driving of drinking alcohol and the selection of a fine not less than twice)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Although the criminal procedure of the provisional payment order is subject to criticism in that it repeats a crime even though there was a history of punishment for the same criminal record as the sentencing of Article 334(1) of the Criminal Procedure Act, the punishment is determined as ordered by taking into account the numerical value, driving distance, the circumstances of the crime, etc. during the blood.