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(영문) 대구지방법원안동지원 2020.11.24 2020고단474
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On July 29, 2010, the Defendant received a summary order of KRW 2,50,000 as a fine for a violation of the Road Traffic Act, and a summary order of KRW 4 million as a fine in the same court on October 11, 2012.

On June 14, 2020, at around 02:30, the Defendant driven a c bargaining car under the influence of alcohol with approximately 0.207% alcohol concentration from the section of about 1k from the section of about 02:30 to the roads of Heung 2nd class in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements of a drinking driver and report on the control of drinking driving;

1. Previous records before ruling: Criminal records, etc., inquiry reports, investigation reports (powers of the same kind of punishment for suspects), and application of Acts and subordinate statutes of a summary order;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant had already been punished two times by a fine for the crime of violation of the Road Traffic Act, even if he had already been punished by a fine, and the blood alcohol concentration of the instant case exceeds 2.5 times the criteria for the revocation disposition of driver’s license, and the Defendant’s age, character and behavior, environment, motive for the crime, circumstances after the crime, etc., and other various conditions of sentencing as shown in the records and arguments shall be comprehensively taken into account.

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