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(영문) 대구지방법원 2020.11.11 2020고단4198
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On June 11, 2010, the Defendant was issued a summary order of KRW 2 million by the Daegu District Court as a crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 9, 2020, the Defendant driven an E-crat automobile under the influence of alcohol 0.233% in the section of about 3 km from the front road in Daegu Dong-gu, Daegu-gu, to the front road in the same Gu D.

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

Summary of Evidence

1. A written statement of the defendant in court;

1. Report on the circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions) and application of Acts and subordinate statutes governing 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of punishment for the same crime of drinking driving, the crime of this case has been committed again.

The blood alcohol concentration is also very high at the time of crime.

The favorable circumstances: Recognizing the crime, it is against the law.

Personal and material damage, such as a traffic accident, has not occurred due to drinking driving.

The vehicle is disposed of, and again, not to drive under the influence of alcohol.

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