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(영문) 대구지방법원김천지원 2020.09.16 2020고단398
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On January 29, 2008, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon Branch.

On February 5, 2020, at around 22:17, the Defendant, from the front of the Ccafeteria located in Kimcheon-si B, to the front of the E-post office located in the same city D, driven a Frosch Rexroth under the influence of alcohol content of about 0.053%, while under the influence of alcohol content of about 50 meters.

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

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the status of the driver, the oral statement, and investigation report;

1. Inquiry the results of the drinking driving control;

1. Previous records of judgment: Criminal records, references to criminal records, amounts of dispositions, and the application of Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order has been served twice as the reason for the sentencing of Article 334(1) of the Criminal Procedure Act, but has been served for more than ten years, and the defendant's mistake is recognized, and the defendant's blood alcohol concentration, driving distance, and the status of the defendant at the time of the crime of this case shall be determined by taking into account all the sentencing conditions shown in the records and arguments

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