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(영문) 대구지방법원의성지원 2020.11.05 2020고단265
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 26, 2020, at around 18:50, the Defendant driven an E-motor vehicle while under the influence of alcohol 0.226% in the section of about 3 km from the front of the road located in the Cheongong-gun B in the Cheongbuk-gun B to the front of the same military D.

Summary of Evidence

1. Legal statement, report on the occurrence of a traffic accident, the scene photograph of the accident, and the report on the traffic accident by a defendant;

1. Application of Acts and subordinate statutes to a drinking driver, a report on the circumstantial statement, an investigation report, notification on the results of the control of drinking driving, and the results of the control of drinking driving;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 the detention of a workhouse;

1. In particular, considering the following factors: (a) the Defendant’s reflection of the sentencing reason of Article 334(1) of the Criminal Procedure Act; (b) the distance and the degree of drinking alcohol driving; and (c) the fact that there is no record of criminal punishment except for a fine imposed once around 1995.

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