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(영문) 대구지방법원 포항지원 2020.04.22 2019고단1619
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Criminal facts

【Criminal Power】 The Defendant is a person who was sentenced to a fine of two million won for a violation of the Road Traffic Act (driving) in the course of port support of the Daegu District Court on September 1, 2008.

【Criminal Administration” around November 27, 2019, the Defendant driven a C-hurged vehicle under the influence of alcohol leveling 0.131% in a section of approximately one kilometer from the Do adjacent to the Young-gu B apartment parking lot in the north-gu, Mapo-dong, Young-gu, Hapo-dong, to the North-gu, Mapo-gu, Mapo-dong B apartment parking lot.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Statement of the accused in the first protocol of trial;

1. Report on detection of a suspected victim of violation of the Road Traffic Act, report on the state of his/her driving, and notification of the results of the regulation of drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (verification of suspect's same kind of power);

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 has high blood alcohol concentration on the ground of sentencing, but the interval between the drinking driving of the criminal power and the time is over 11 years in the judgment of the court below, which is the sole penal power, and the defendant has sold the vehicle after drinking, and the defendant has sold the vehicle after drinking, and reflects his mistake in depth, shall be determined like the order.

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