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(영문) 대구지방법원 상주지원 2019.11.29 2019고정909
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On January 14, 2011, the Defendant was issued a summary order of KRW 5 million by the Incheon District Court due to a crime of violation of the Road Traffic Act.

On September 23, 2019, at around 19:11, the Defendant driven CT 100 Oralba on a section of approximately 1.5 km from the front of B to the front of the middle-dong, which is located in the middle-dong, a resident in the middle-dong, in a state under the influence of alcohol content of 0.127%.

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. A report on the actual state of the driver;

1. Application of Acts and subordinate statutes to notify the results of drinking driving control;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (see, e.g., Supreme Court Decision 201Da1548, Apr. 2, 201; Decision 201Da1148, Apr. 2, 201);

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;

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