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(영문) 대구지방법원 2019.10.17 2019고단4196
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

[Criminal Power] On July 23, 2013, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Daegu District Court.

【Criminal Facts】

On July 13, 2019, at around 10:16, the Defendant driven an E 7-car under the influence of alcohol content of about 0.03% from the area of approximately 2.4km to the front road of the D secondary school located in Changwon-si, Yongsan-si, Masan-si, Masan-si, Masan-si.

Accordingly, the defendant has driven a motor vehicle under the influence of alcohol not less than twice in violation of the prohibition of drunk driving.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Inquiry into the results of the crackdown on driving of a motor vehicle;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports;

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 punishment as ordered is determined by taking into account the following circumstances: (a) the confession and reflect of the reason for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the blood alcohol concentration is relatively low; (c) the so-called night-driving; (d) there is no specific criminal record prior to and beyond the judgment; and (e) five years have passed since the punishment power; and (g) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (e) other circumstances shown in the pleadings of the instant case,

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