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(영문) 대구지방법원의성지원 2020.11.12 2020고단313
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 July 9, 2008, the defendant was sentenced to a suspended sentence for six months by imprisonment with prison labor for a violation of the Road Traffic Act.

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, on October 8, 2020, at around 22:30, the Defendant driven a Fpoter truck under the influence of alcohol with a blood alcohol concentration of about 0.068% from around 1.5 km section to the E parking lot, a stock company located in D, located in the front side of the Gyeong-gun of Seongbuk-gun, Seongbuk-gun, Gyeongbuk-gun, in around October 8, 2020.

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

Summary of Evidence

1. A written statement prepared by the defendant in court;

1. Copy of the circumstantial statement of a drinking driver, copy of the investigation report (report on the circumstances of a drinking driver), notification of the results of the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (Attachment to the previous records of the same type and the judgment, etc.);

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. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include the Defendant’s reflectivity, the distance and the degree of drinking alcohol driving, the records of traffic crimes (one time of suspended sentence of imprisonment until 201, six times of fines).

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