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(영문) 대구지방법원 2019.03.12 2018고정1262
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

On August 19, 2018, at around 03:25, the Defendant driven an E rocketing car at the section of approximately 1.5 km from the front of the restaurant located in Dong-gu B market, Daegu Northern-gu, to the front of the D in Dong-gu, in the same city, while under the influence of alcohol by 0.25% of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The police statement concerning F;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to investigation reports (influence of blood alcohol concentration as a suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. Considering the following circumstances in sentencing grounds under Article 334(1) of the Criminal Procedure Act of the provisional payment order, the amount of fine for the summary order already issued cannot sufficiently achieve the purpose of punishment against the defendant.

Therefore, on the basis of Article 457-2 of the Criminal Procedure Act, the fine shall be increased and the sentence shall be determined as ordered.

The blood alcohol concentration of the defendant is very high, and the driving distance is also short.

The defendant, immediately after detection, tried to conceal his crime, such as drinking cans which can be scam on the job in order to conceal the facts of drinking.

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