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(영문) 대구지방법원 서부지원 2021.02.04 2020고단2062
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

【The Defendant was sentenced to a suspended sentence of one-year imprisonment for a violation of the Special Act on the Prevention of Insurance Fraud in the Seo-gu District Court’s Seo- Branch on December 19, 2018, and the judgment was finalized on March 29, 2019, and is currently under suspended sentence.

【Criminal facts】 On April 8, 2020, the Defendant was found to have driven a drinking alcohol and was issued a summary order of KRW 6 million due to a violation of Road Traffic Act at the Seog branch of the Daegu District Court on June 23, 2020.

Nevertheless, on June 6, 2020, the Defendant driven C Coin sports vehicles under the influence of alcohol content of about 3 km from the subway station adjacent to the subway station located in Jacheon-gu, Daegu-gu, Daegu-gu to the front roads of Daegu-gun B, 0.105% of alcohol content during blood.

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

Summary of Evidence

1. Statement by the defendant in court;

1. On-site photographs, a statement report on the situation of a driver driving, inquiry into the results of crackdown on the driving of alcohol, the driver's license register of automobiles, and an investigation report on the next time (the first time) of an accident scene;

1. Previous convictions: Inquiry into criminal history, investigation reports (reports on the results of confirmation of the previous convictions of the disposition), application of Acts and subordinate statutes to investigation reports (the facts during the suspension of execution);

1. Article 148-2 (1) and Article 44-2 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, was sentenced to a suspended sentence of one year for a violation of the Special Act on the Prevention of Insurance Fraud in the branch court of the Daegu District Court on December 19, 2018. The judgment became final and conclusive on March 29, 2019, which became final and conclusive on March 29, 2019, committed the instant crime without being aware of the fact that the Defendant committed the instant crime without being aware of it, and further, committed the instant crime in the course of the investigation into the instant crime under the condition of the violation of the Road Traffic Act (driving) in which the summary order was issued.

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