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(영문) 대구지방법원안동지원 2020.11.03 2020고단366
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 December 19, 2014, the Defendant received a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Suwon District Court, as a crime of violation of the Road Traffic Act.

On April 7, 2020, at around 01:30, the Defendant driven a Dlearning car in the state of alcohol alcohol concentration of approximately 0.165% from the section of approximately 12 km from the front of C Middle School located in Ansan-si B to the road near the Sinsan-Eup in the same city.

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

Summary of Evidence

1. Defendant’s legal statement, notice of the result of the regulation of drinking driving, report on the circumstances of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. Previous records of judgment: Application of inquiry reports and investigation reports, including criminal records, and 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 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act, which has already been sentenced to a fine not less than twice due to drunk driving, repeats the instant crime, and the numerical value of blood alcohol concentration in the instant case exceeds not less than twice the criteria for the revocation of driver’s license, and further, the Defendant’s age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., and the various conditions of sentencing as shown in the oral arguments, shall be comprehensively taken into account.

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