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(영문) 대구지방법원 2020.01.09 2019고단5572

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On June 10, 201, the Defendant was issued a summary order of KRW 2.5 million in the Daegu District Court due to a violation of the Road Traffic Act (driving) and a summary order of KRW 5 million in the same court on September 30, 201, with the same offense, etc.

On October 4, 2019, at around 09:15, the Defendant driven a Cnicper car in the state of alcohol of about 1.5 km alcohol concentration at approximately 0.112% on the front of a restaurant near the Mac-dong Mac-gu Mac-dong, Daegu, in the front of the same Gu, prior to the same Gu’s road.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to a report on investigation (report accompanied by a summary order that has record on punishment of the same kind of crime);

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. The sentencing of Articles 70(1) and 69(2) of the Criminal Act shall be determined by taking into account the following conditions of the sentencing as well as the Defendant’s age, occupation, occupation, character and conduct, family relationship, and circumstances before and after the commission of the crime.

- The fact that there are two occasions the records of punishment for the violation of the Road Traffic Act (driving) to the extent that the crime of this case was committed during the period of repeated crime due to the crime of injury and that there is a possibility of criticism during the period of repeated crime, the recognition and reflect of the crime, and that the driving will not be conducted again;