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(영문) 대구지방법원 영덕지원 2021.01.13 2020고단283
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 August 18, 2008, the Defendant received a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act (drinking driving) from the Changwon District Court.

On November 13, 2020, at around 22:40, the Defendant driven a Fresh van with alcohol level of about 0.205% while under the influence of alcohol level of about 10 meters at approximately 0.205% in front of the E-cafeteria located in C E-ray B from the front parking lot in the G-gun, Chungcheongnam-gun.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. The criminal defendant's oral statement, investigation report (the main driver's report on the situation), and internal investigation report;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, report on the results of regulating the driving of alcohol, and report on the results of the crackdown on driving at home;

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the history of driving the same kind of drinking);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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

D. Unfavorable circumstances: Considering the fact that the Defendant had been sentenced to a fine in 2008 due to drinking, the Defendant again committed the instant crime, and that the Defendant’s blood alcohol concentration at the time of driving is very high to 0.205%: Considering the fact that the Defendant recognized all the instant crimes, and repents and reflects his mistake, and that the distance of the Defendant’s driving of drinking is considerably short, etc.

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