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(영문) 대구지방법원영덕지원 2020.09.23 2020고단187
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On October 17, 2005, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court, and the summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act at the Gangnam Branch Branch of the Chuncheon District Court on December 11, 2008.

On July 15, 2020: (a) around 00:27, the Defendant driven a Frox under the influence of alcohol concentration of about 0.05% from around 300 meters to the direction of the E-ray located in the C cafeteria B of the Gyeongbuk-gun, the Defendant driven a Frox under the influence of alcohol concentration of about 0.05%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Occurrence of incidents and arrest reports on the violation of the Road Traffic Act, reports on investigations into such violations, reports on the circumstantial statements of the driver of a drinking house, reports on the situation of the driving of a drinking house and reports on the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of suspect drinking records);

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence shall be determined as ordered by taking into account all the factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, character and conduct, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: Considering the fact that the Defendant had been sentenced to a fine in 2005 and 2008 due to drinking driving, but again led to the instant crime: The Defendant recognized all the instant crimes, divided and reflected his mistake; and the Defendant’s blood alcohol concentration at the time of driving is relatively low, etc.

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