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(영문) 대구지방법원 경주지원 2021.02.16 2020고단806
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[criminal history] On February 1, 2012, the Defendant was issued a summary order of KRW 1 million as a crime of violating the Road Traffic Act (drinking driving) at the Suwon District Court’s Pyeongtaek District Court’s House on February 1, 2012.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 2 driven a CRMAX300 wheel with approximately 0.10% alcohol level in the 2km section from around November 17, 2020 to the Seocheon-dong in the same Sindong from the front day of Sin-si on November 17, 2020.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of Acts and subordinate statutes on the report of investigation (the criminal records of the suspect);

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the instant crime, the background of the instant crime, the amount of alcohol content during blood transfusion, the records of the crime, the operational means (Obane), etc., and other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the crime, shall be comprehensively considered, and the punishment as set forth in the text shall be determined.

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