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(영문) 대구지방법원 의성지원 2019.11.28 2019고단307
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 November 15, 2010, the Defendant received a summary order of a fine of one million won as a crime of violating the Road Traffic Act (driving) in the Family Court of Daegu District on November 15, 201.

On October 17, 2019, at around 21:49, the Defendant driven a Fpoter Ⅱ cargo vehicle with approximately KRW 500 meters alcohol concentration of 0.048% while under the influence of alcohol at approximately 0.048% from the parking lot of “Ccafeteria” located in Seongbuk-gun B to the road of “E community hall” located in D.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

1. Previous records before ruling: Criminal records, inquiry reports, investigation reports, and application of Acts and subordinate statutes governing 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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order does not focus on the defendant's reflectivity and the degree of his taking (0.048% of blood alcohol level). The driving distance is about 500 meters, and the same kind of power (two times of fine) should be considered in particular.

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