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(영문) 대구지방법원 2019.10.17 2019고단4307
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 December 4, 2009, the Defendant was sentenced to a fine of two million won for a violation of the Road Traffic Act (refluence of noise measurement) at the Daegu District Court.

On July 26, 2019, at around 23:48, the Defendant driven B car under the influence of alcohol content of 0.067% from the front of a restaurant in the mutual influenite-dong, Daegu-si, Dong-dong, 340-1, under the mutual influenite-dong, Ga-dong, 340-1, the Defendant driven a B car under the influence of alcohol content of the blood.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, references to criminal records, report on the results of confirmation of the previous dispositions, and the application of statutes of the Daegu District Court 2009 High Court Decision 3162 shall apply;

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 punishment as ordered shall be 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 not high; and (c) there is no particular penalty power other than the previous conviction in the judgment; and (d) the Defendant’s age, character and conduct, environment, family relationship, motive and consequence of the crime; and (e) the circumstances shown in the pleadings in the instant case, such as

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