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(영문) 대구지방법원 2020.12.15 2020고정1625
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On December 22, 2009, the defendant was issued a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Seogu District Court's branch court on December 22, 2009.

At around 16:20 on April 28, 2020, the Defendant driven a DNA X-ray truck with approximately 500 meters of alcohol level 0.165% while under the influence of alcohol level 0.165% from the front side of the Cheongdo-gun, Cheongdo-gun to C.

As a result, 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, and inquiry into the results of crackdown on drinking driving;

1. Previouss before ruling: Application of criminal records, repeated statements, investigation reports, and 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. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, even though the defendant had been punished twice due to drunk driving, is also driving. However, considering the fact that the defendant recognized the crime of this case and reflects depth, the defendant seems not to be healthy due to urology, mental disorder, etc., and that the defendant has no record of criminal punishment for more than 10 years since December 2009, the amount of the fine prescribed in the summary order is somewhat excessive, and thus, the amount of the fine prescribed in the summary order shall be reduced as stated in the order.

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