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(영문) 대구지방법원 2020.06.03 2019고단6563
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

On January 16, 2013, the Defendant was sentenced to a fine of KRW 2.5 million by the Daegu District Court for a violation of the Road Traffic Act.

On November 27, 2019, at around 22:00, the Defendant driven an EM7 car while under the influence of alcohol 0.182% of blood alcohol concentration at the section of approximately 1.1km in the Cheongdo-gun, Cheongdo-gun, Cheongdo-gun, B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. Report on the state of state of drinking drivers, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, references to criminal records, application of Acts and subordinate statutes to prosecution investigation reports (Attachment to judgments refusing to measure sound records);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1), 44 (1) and (2) of the Road Traffic Act that choose the penalty for a crime;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Although there was a history of punishment for refusing to measure the harmful effects of drinking driving under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, the punishment should be strictly imposed on the following grounds: (a) the enforcement of the Road Traffic Act of which the control standard and statutory punishment have been greatly strengthened due to the social request to eradicate the harmful effects of drinking driving again; (b) the degree of blood alcohol level exceeds the license standard; (c) the blood alcohol level exceeds the license standard; (d) the blood alcohol level is deemed to go out of the accident scene; (e) even though the blood alcohol level is considered to go out of the accident scene, it is hard to understand the circumstances; and (e) the blood alcohol level exceeds the license standard; and (e) the blood alcohol concentration level exceeds the license standard. However, if the suspended sentence becomes final and conclusive, it cannot be deemed that there is no record of punishment except for the first head of the judgment; (e) the Defendant raises two children working in G; and (e) if the suspended sentence becomes final and conclusive, it can be withdrawn by the internal regulations.

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