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(영문) 대구지방법원 서부지원 2019.10.16 2019고단1873
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

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

Reasons

Punishment of the crime

On April 25, 2011, the Defendant was issued a summary order of a fine of one million won for the crime of violating the Road Traffic Act in the Seogu District Court Branch of Seogu District Court.

On July 8, 2019, the Defendant had been punished for a violation of the Road Traffic Act (driving) as seen above, but was driving a motor vehicle at approximately 700 meters from the front of the Daegu-gu building B to the front of the same Gu, in a state of under the influence of alcohol of 0.131% under the influence of blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

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

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: A sentence shall be imposed as ordered by considering all the circumstances, including the defendant's age, character and behavior, environment, motive and circumstance of the crime, means and consequence of the crime, etc., and all the circumstances constituting the conditions for sentencing as shown in the argument of this case, including the fact that the person was sentenced to a fine once due to a drunk driving, the fact that the person was led to a high drinking level, and that the person was led to a traffic accident, the driving of this case does not lead to a traffic accident.

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