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(영문) 대구지방법원 의성지원 2019.10.10 2019고단214
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

On April 15, 2002, the Defendant received a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) at the Jeonju District Court. On December 30, 2005, the Defendant received a summary order of KRW 1,00,000 as a fine for the same crime from the resident stay support at the Daegu District Court on December 30, 2005. On September 20, 2007, the Defendant received a summary order of KRW 1,50,000 as a fine for the same crime.

Although the Defendant had been able to violate the provision on the prohibition of driving under the influence of alcohol once or more times, the Defendant driven an agricultural pactabane with the alcohol level of 0.069% from the parking lot of the apartment building B in Seongbuk-gun, Seongbuk-do around July 11, 2019 to C, while under the influence of alcohol level of about 200 meters from around 200 meters from the parking lot of the apartment building B in Seongbuk-do to C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

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 defendant's reflection of the reason for sentencing under Article 334 (1) of the Criminal Procedure Act, the fact that there is no record of criminal punishment for the last ten years, the degree of drinking and drinking driving distance, the traffic crime records (six times of fine) etc. shall be considered.

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