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(영문) 대구지방법원포항지원 2020.10.14 2020고단1082
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Criminal facts

【Criminal Power】 On August 22, 2008, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act at the Ulsan District Court on August 22, 2008, and one million won for the same crime at the same court on March 15, 2010.

【Criminal Administration” around August 2, 2020, the Defendant driven a DNA car at the 1km section of approximately 0.128% alcohol concentration, while under the influence of alcohol at approximately 0.128%, from the 1km section to the front road of the Cju shop located in the same Gu located in the north-gu Yang-dong, Yangyang-dong.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of violation of the Road Traffic Act, a report on the status of a driver of a driving under the influence of alcohol, a notice of the results of the regulation of driving under the influence of alcohol, a manual for regulation, a report on handling cases of 112, and

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (Attachment to judgment of records of sound driving);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose a penalty, and selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order takes into account the blood alcohol concentration of the reasons for sentencing, the third drinking driving, the second drinking driving at intervals of time from the second drinking driving, and other punishment power and reflectivity, etc.

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