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(영문) 대구지방법원 2020.10.07 2020고단3775
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

The defendant has the record of being notified of a summary order of KRW 1 million on August 23, 2006, a fine of KRW 2 million on August 27, 2007, a summary order of KRW 2 million on August 27, 2007, and a summary order of KRW 5 million on February 5, 2016.

On June 13, 2020, at around 01:31, the Defendant driven a E-high-est car in the state of alcohol alcohol concentration of about 0.109% from a 200-meter Do to the front road near the Dong-gu Seoul National University, Daegu National University.

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

Summary of Evidence

1. The legal statement, statement, report on the occurrence of traffic accidents by defendants and the actual condition investigation report;

1. Reports on the statement of the state of drinking drivers, and photographs of the accident site as a result of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, replys to criminal records, application of Acts and subordinate statutes to the prosecution investigation report (verification of the same kind of force);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Although the history of punishment for sentencing under Article 334(1) of the Criminal Procedure Act is eight times or more, the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment due to the social request to eradicate the harmful effects of drinking driving, causes traffic accidents involving vehicles parked on the side while driving on the side while driving on the side in excess of the license revocation standards, and it seems that the crackdown is high, and the risk of recidivism is likely to occur, it should be carefully alerted to prevent recidivism. However, in light of the fact that the defendant is trying to refrain from drinking, such as continuously receiving treatment and consultation with the mental health department while taking advantage of his depth, and that the blood alcohol concentration of the blood alcohol level was lower than the license revocation standards, all three times of driving on the same day.

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