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(영문) 대구지방법원 안동지원 2020.04.28 2019고단776
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On April 1, 2015, the Defendant was issued a summary order of KRW 2 million for the crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch.

On October 2, 2019, at around 21:54, the Defendant driven a fluent car in the state of alcohol alcohol concentration of about 0.035%, from around 800 meters to the E parking lot located in D when residing permanently.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning G;

1. A H statement;

1. Reports on the occurrence of traffic accidents, reports on the results of the control of drinking driving, inquiries about the results of the control of drinking driving, reports on the state of drinking drivers, investigation reports (report on the state of drinking drivers), actual condition survey reports, and photographs of the scene of accidents;

1. Previous records of judgment: Criminal records and other inquiries, and the application of Acts and subordinate statutes to investigation reports (the confirmation of criminal records of a suspect's drunk driving);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, committed the instant crime repeatedly even though he/she was already punished by a fine twice due to drinking driving in 2003 and 2015.

The crime was discovered by a witness's report while the accident in which parked vehicles were parked.

However, there was no personal accident.

The defendant has no record of criminal punishment in addition to the above punishment of fine.

In addition, the conditions of all the sentencing shown in the pleadings of this case, such as the age, character, conduct and environment of the defendant, shall be determined as the same as the disposition.

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