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(영문) 대구지방법원 의성지원 2020.07.23 2020고단183
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On January 27, 2010, the Defendant received a summary order of KRW 1500,00 from the Daegu District Court to a fine for a violation of the Road Traffic Act.

On June 14, 2020, at around 03:45, the Defendant driven a car with DG80 while under the influence of alcohol concentration of about 0.097% in a section of about five meters near the C cafeteria in Daegu Suwon-gu B.

As a result, although the defendant was punished for a drunk driving, he again driven a motor vehicle while under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the circumstances of a drinking driver, investigation report (report on the circumstances of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Application of criminal records, repeated statements and summary order-related 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. In particular, the following should be taken into account: (a) the Defendant’s serious reflection of the sentencing reason of Article 334(1) of the Criminal Procedure Act; (b) the distance of drunk driving (not less than five meters); and (c) the degree of the influence of alcohol driving (one time of a fine on or around 2010)

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