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(영문) 대구지방법원의성지원 2020.08.13 2020고단205
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On December 11, 2017, the Defendant was sentenced to suspension of indictment for a violation of the Road Traffic Act at the Seongbuk Branch Office of the Daegu District Prosecutors' Office as a crime of violating the Road Traffic Act.

Although the Defendant had a power of violating the provision on the prohibition of driving under the influence of alcohol as above, on July 3, 2020, at around 21:55, the Defendant driven a motor vehicle under the influence of alcohol with 0.195% alcohol concentration from the C Parking lot located in Seongbuk-gun B to D.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the occurrence of a traffic accident, a survey report on the actual condition and site photographs, a report on the circumstantial statement of a host driver, and a criminal investigation report (Attachment to the closure screen of theCCTV image);

1. Previous records of judgment: Application of criminal history records, investigation reports (Attachment of a letter of decision to suspend the indictment of a person driving a motor vehicle and attachment of a judgment referring to sentencing);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognizes the defendant's mistake as the first offender and repents, and cooperates with the investigation immediately after the traffic accident, and the distance of driving under the influence of alcohol and the degree of driving under the instant case, etc. should be considered in particular.

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