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(영문) 대구지방법원 서부지원 2020.05.21 2019고단3292
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On July 24, 2015, the Defendant was issued a summary order of KRW 3 million by the Daegu District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On October 9, 2019, at around 04:30, the Defendant driven a D low-speed car with approximately 1km alcohol concentration of about 0.116% in the section of about 1km from the front of the Daegu Seo-gu B to the front of the same Gu C regularly.

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

Summary of Evidence

1. Defendant's legal statement;

1. On-site photographs, the register of driver's licenses, chassis, mandatory insurance, the circumstantial statement of a drinking driver, and inquiry into the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (verification of the same criminal records);

1. Article 148-2(1) and Article 44(1) of the Road Traffic Act applicable to criminal facts, the choice of a fine (the defendant's approval of the crime of this case and does not repeat again) (the defendant does not have any particular penal power, except the punishment by a previous conviction, and the defendant's spouse has no specific criminal power; the defendant's spouse, etc. desires to take an active interest in preventing recidivism; and social ties also seem to be clear, such as where the defendant's spouse, etc. desires to take an active interest in preventing recidivism; and the defendant's spouse and children are supported by his/her child, etc. are actively considered in light of favorable circumstances);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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