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(영문) 대구지방법원 의성지원 2020.06.25 2020고단145
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 26, 2010, the Defendant received a summary order of KRW 1 million as a fine for a violation of the Road Traffic Act (driving) in the Family Court of Daegu District on July 26, 2010.

On April 5, 2020, at around 13:25, the Defendant driven a e-car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.037% in a section from the front of the C cafeteria located in Young-gun B, Young-gun to D front roads.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, results of inquiry and application of three-minutes of summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 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. In particular, the reflection of the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act, the degree and running distance of the defendant, the same kind of power (three times of fine) shall be taken into account.

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