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(영문) 대구지방법원 의성지원 2019.09.05 2019고단187
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 June 30, 2008, the Defendant received a summary order of KRW 500,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support of the Daegu District Court.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol once or more times, at around 20:55 on June 16, 2019, the Defendant driven a DNA liquid sports cargo vehicle under the influence of alcohol at approximately 4km from the road front of the C factory located in the Cheongong-gun B in the Cheongong-gun, Chungcheongnam-gun, Chungcheongnam-do, Cheongsong-ro, 4651 to the roads front of the Cheongri-ro, Cheongri-gu, Cheongri-ro, Cheongri-ro, 0.034% of alcohol level.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report, and notification of the results of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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 confinement in a workhouse (where a sentence of suspension of execution of punishment is invalidated or revoked);

1. In particular, the reason for sentencing under Article 62(1) of the Criminal Act, such as the reflection of the accused, the same kind of force, and the degree of exploitation, are relatively minor.

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