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(영문) 대구지방법원 2020.10.21 2020고단3943
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[criminal power] On April 29, 2015, the Defendant was issued a summary order of KRW 1 million as a crime of violation of the Road Traffic Act (driving) at the Chungcheong District Court’s Chungcheong Branch on April 29, 2015, and KRW 5 million as a fine in the same court on December 24, 2015.

【Criminal Facts】

On July 9, 2020, at around 11:09, the Defendant driven a f-hurd-hurd-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p-p

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

Summary of Evidence

1. The defendant's legal statement, his/her oral statement, his/her report on his/her oral statement, inquiry into the results of drinking control, the driver's license ledger, and the next inquiry;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports;

1. Relevant provisions of Article 148-2 (1) and 44 (1) of the Road Traffic Act concerning facts constituting an offense;

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 reason for sentencing of Article 334(1) of the Criminal Procedure Act on September 25, 2018, when a citizen was involved in a traffic accident due to a drunk driving, the citizen was placed in a brain-dead state, and the case which eventually led to the loss of his/her life.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

The result of drinking driving.

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