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(영문) 대구지방법원 의성지원 2020.05.07 2020고단99
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 29, 2014, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) in the sex support by the Daegu District Court.

On April 6, 2020, at around 20:09, the Defendant driven a F rocketing car under the influence of alcohol level of about 0.067% in the section of about 2km from the front of the “Cstus” to the front of the E-middle School located in D, the Defendant driven a Fstren car in the state of alcohol level of about 0.067%.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

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 Acts and subordinate statutes, such as criminal records, inquiry reports, and summary orders;

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. In particular, the reflection of the defendant's reason for sentencing under Article 334(1) of the Criminal Procedure Act, health conditions and economic circumstances, the same kind of power (two times of fine), the distance of drinking driving, and the degree of drinking, etc. of the defendant shall be considered.

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