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(영문) 대구지방법원 경주지원 2021.03.17 2020고단634
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On April 5, 2010, the Defendant was issued a summary order of KRW 2.5 million due to a violation of road traffic law (driving) in the Daegu District Court racing support.

[2] The Defendant 1 driven the EM5 LPLi car under the influence of alcohol at approximately 0.063% in the section of approximately 1.7km from September 16, 2020 to around the entrance of D apartment at the same time, even though there was a history of violating the prohibition of drinking driving as above.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a survey report on actual condition, a statement on the situation of the driver placed at the site photographer, an investigation report (report on the situation of the driver placed at the site), and a notification and an investigation report on the results of regulating the driving of drinking

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

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. Taking into account the fact that the alcohol content is relatively high in the blood of the reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment, such as the fact that the same criminal history was ten years prior to the occurrence of an accident that shocks the rail while driving alcohol, etc.

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