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(영문) 대구지방법원 서부지원 2021.03.18 2020고단2472
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

[criminal history] On November 7, 2007, the Defendant received a summary order of KRW 1,50,000 as a crime of violating the Road Traffic Act (dacting driving) from the Cheongju District Court.

[2] On July 2, 2020, the Defendant driven D Karen Motor Vehicle from approximately 2 km to the front road of "C" located in Nam-gu, Nam-gu, Nam-si, Nam-si, Nam-si, under the influence of alcohol level of 0.041% among blood transfusion around 00:52.

Accordingly, the Defendant violated the Road Traffic Act that he shall not drive a motor vehicle under the influence of alcohol at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of a driver who is placed in driving and notification of the results of regulating drinking driving;

1. Previous convictions in judgment: Application of the results of inquiry, such as criminal history, and the text of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act 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) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is an unfavorable condition, even though the defendant had been punished by a fine due to drinking driving, and the driving of drinking at all times is disadvantageous.

However, there is a gap between the previous criminal records and the crime of this case at least 12 years, drinking value is relatively high, and other various sentencing conditions specified in the arguments of this case, such as the defendant's age, sex, environment, family relationship, means and result of the crime, etc., shall be determined in consideration of the overall sentencing conditions specified in the arguments of this case, such as the circumstances after the crime.

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