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(영문) 대구지방법원 영덕지원 2020.04.22 2020고단25
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 19, 2010, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 2,00,000 as a fine for a violation of the Road Traffic Act, from the Young-gu District Court’s Young-gu Branch Branch on August 24, 2012.

On December 22, 2019, around 08:42 around 08:42, 2019, the Defendant of the Korea Highway Corporation in Seowon-dong in the same Si-si Kimhae-si.

B QM6 car was driven under the influence of alcohol concentration of approximately 0.049% in the section of about 5 km up to the front of the gold farm.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each report on investigation;

1. Report on the circumstantial statement of a drinking driver, inquiry into the results of the control of drinking driving, and making an inquiry into the enemy;

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, inquiry results, and the application of Acts and subordinate 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. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

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.

Considering the circumstances that are favorable to the defendant, such as the fact that the defendant was sentenced to a fine in 2010 and 2012 due to drinking driving: Taking into account the following circumstances: (a) the fact that the defendant recognized all of the crimes in this case; (b) the blood alcohol concentration of the defendant at the time of driving is relatively low; and (c) the crime in this case is driving while the sucking was not resolved, and the circumstances that may be considered in light of the circumstances are considered.

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