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(영문) 대구지방법원 영덕지원 2020.03.25 2019고단218
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 March 21, 2014, the Defendant received a summary order of KRW 3 million from the Daegu District Court (Seoul District Court) to the charge of violating the Road Traffic Act.

On October 8, 2019, the Defendant driven a B B B B B B B B B lick-off car at the 35km section from the Do in the epo-dong, the epo-si, the epoch alcohol concentration of 0.151%, while under the influence of alcohol on October 11, 2019, to the road located in 4522, according to the East Sea.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reporting on detection and internal investigation of violations of the Road Traffic Act;

1. Notification of the results of the control of drinking driving, the report on the circumstances of drinking drivers, and the next inquiry;

1. Previous records of judgment: Application of criminal records, repeated statements, investigation reports (report on the confirmation of the same kind of power) and statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

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

Unfavorable circumstances: The defendant has been sentenced to a fine in 2014 due to drunk driving, and the defendant's blood alcohol concentration is considerably high at the time of driving, etc.; Considering the fact that all of the crimes in this case are recognized, the defendant repents his mistake and reflects his mistake, etc.

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