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(영문) 대구지방법원의성지원 2020.12.17 2020고단355
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 October 22, 2007, the Defendant received a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act (driving) from the Seogu District Court’s Branch Branch. On July 5, 2010, the Defendant received a summary order of KRW 1,500,000 as a fine for the same crime from the Daegu District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, on October 31, 2020, at around 05:43, the Defendant driven CMW car under the influence of alcohol at approximately 0.092% of alcohol alcohol concentration from the 1km section from the front side of the Daegu Dong-gu, Daegu-gu, Seoul-gu, to the front seat of the 1 East Daegu-gu post office in the same Gu-ro.

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. Report on the circumstantial statement of a drinking driver, investigation report, notification on the results of the control of drinking driving, inquiry into the results of the control of drinking driving, and investigation report (with respect to the section of drinking driving, with respect to the section 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 the detention of a workhouse;

1. In particular, the reflection of the defendant's reason for sentencing under Article 334 (1) of the Criminal Procedure Act shall be taken into account, the degree of his/her taking into consideration, the distance of drunk driving, the same kind of force (two times of fine) etc.

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