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(영문) 대구지방법원 경주지원 2021.03.17 2020고단883
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Power of crime] On September 1, 2008, the Defendant was issued a summary order of KRW 700,000 as a crime of violating the Road Traffic Act (driving) in the Daegu District Court and Racing Support.

[2] Although Defendant 1 had a record of violating the provision prohibiting driving of drinking alcohol as above, Defendant 2 driven a vehicle EK5 vehicle in the state of alcohol alcohol level of about 0.041% from the 2km section of approximately 2km from the road front of the restaurant C cafeteria located in the north-gu, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si, Mapo-si.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver who is placed in the main place, investigation report (report on the situation of the driver who is placed in the main place), report on the situation of the driver who is placed in the main place and notification

1. Previous conviction: Application of an inquiry letter, such as criminal history, and an investigation report (the same criminal history of the suspect) statute;

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) 3 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Taking into account the fact that the amount of alcohol concentration in the blood for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is relatively low, and that there was a history of being punished by a fine due to driving under influence of alcohol in 200 and 2008, but it has been relatively old.

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