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(영문) 대구지방법원 서부지원 2019.06.19 2018고단3570

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

[criminal power] On September 14, 2007, the Defendant received a summary order of KRW 700,000 from the Daegu District Court to a fine of KRW 100,000 as a crime of violation of the Road Traffic Act. On March 16, 2015, the Defendant received a summary order of KRW 5 million as a crime of violation of the Road Traffic Act (driving) at the Seog branch court of the Daegu District Court.

【Criminal Facts】

On November 18, 2018, around 22:20, the Defendant driven a E-Poter II truck under the influence of alcohol leveling 0.050% of blood alcohol level from the 9km section to the front road of “D High School” in the same Gu C from the Defendant’s house located in Daegu Seo-gu B to the front road of “D High School” in the same Gu.

As a result, the Defendant, who violated the prohibition of drunk driving regulations not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Criminal records as stated in the judgment: Criminal history records, etc. inquiry reports (A), whether Article 148-2 (1) 1 of the Road Traffic Act is applicable, and the summary order three Acts and subordinate statutes shall be applied;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act include not only the fact that the defendant was punished twice due to drinking driving as stated in [criminal records] in the judgment of the defendant, but also the fact that the defendant had been punished by a fine for refusal of drinking alcohol measurement even in 2012 but also repeats the same kind of crime even though he had the record of repeating the crime. However, the defendant's blood alcohol concentration at the time of the crime of this case is relatively low to 0.050% as the defendant's blood alcohol concentration at the time of the crime of this case, considering the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, family relationship, family environment, circumstances of the crime, and circumstances after the crime of this case.