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(영문) 대구지방법원 김천지원 2020.03.31 2019고단1493
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On January 6, 2012, the Defendant was issued a summary order of KRW 1.5 million for the crime of violating the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On October 31, 2019, at around 22:00, the Defendant driven a E-Ba motor vehicle under the influence of alcohol level of about 0.070% from the 20-meter section from the front of the C cafeteria located in Gumi-si B to the D Mour road.

Therefore, although the defendant had a record of punishment for drunk driving, he again driven a car while under influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the state of drinking drivers, and written report on the results of the control of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the same criminal records of the defendant were seven years prior to the sentencing; (b) the blood alcohol concentration in the instant case does not belong to a relatively heavy figure; and (c) the defendant’s age, character and behavior, environment, motive, means and consequence of the crime; and (d) the conditions of all the sentencing specified in the pleadings of the instant case, such as the circumstances after the crime

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