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(영문) 대구지방법원경주지원 2020.12.09 2020고단369
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

1. On May 10, 2020, at around 21:48, the Defendant driven an E QM6 vehicle while under the influence of alcohol 0.124% of blood alcohol concentration from the 1km section from the front of the racing-si, B, to the front of the D in the front of the racing-si, the Defendant driven the E QM6 vehicle.

2. The Defendant, at the request of the Defendant, driven the above QM6 car on behalf of the Defendant-friendly vehicle in front of his residence in QM6 car in front of his residence in QM6 car at the Defendant’s request, and parked the vehicle, and left the place to do so again. On May 10, 2020, the Defendant driven the above QM6 car under the influence of alcohol concentration of about 4 km from the front of the 22:31 on May 10, 2020 to the front of the YM6 car.

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

Summary of Evidence

1. Report on the accused's interrogation statement in the police officer's protocol on the accused's statutory statement, the investigation report (report on the circumstances of the drinking driver), and notification of the result of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to a criminal investigation report (as to the attachment of booms video recording materials and the continuity of drunk driving), investigation report, such as photographic images after capturing the accident (A’s blood alcohol concentration at the time of the second accident), report on detection of drinking drivers (2018-6-1905-00171), investigation report (as to the application of the dmark), and investigation report (as to the application of the dmark);

1. Relevant legal provisions and Articles 148-3 (3) 2 and 44 (1) of the Road Traffic Act (Selection of Drinking and Fines) through Article 148-2 (1) and 44 (1) of the o Road Traffic Act (to drive under the influence of alcohol and select of fines not less than twice);

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

1. Determination of fines in consideration of the fact that there is no record of punishment in the Republic of Korea for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment of the order of provisional payment under Articles 70(1) and 69(2) of the Criminal Act, but the light of drinking driving.

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