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(영문) 대구지방법원포항지원 2020.09.16 2020고단1023
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

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

Reasons

Criminal facts

【Criminal Power】 On April 1, 2009, the Defendant was sentenced to a fine of KRW 700,000 as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

(1) On July 31, 2020, the Defendant: (a) operated a dlearning car with the blood alcohol concentration of about 0.147% in the front of the parking lot located in Nam-gu, Nam-gu, Seoul at the port on July 31, 2020; and (b) violated Article 44(1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Report on detection of violation of the Road Traffic Act, report on the status of a driver of a drinking alcohol driver, report on the control of a drinking alcohol driver, notification on the results of the control of a drinking alcohol driver, and report processing case list

1. A previous conviction: A written inquiry result, and application of the same criminal records-related Acts and subordinate statutes;

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. Although Article 334(1) of the Criminal Procedure Act of the provisional payment order has high blood alcohol concentration on the reason of sentencing, considering the fact that the distance from drinking is very shorter than one meter, this is the second drinking driving, which is the only criminal record of the judgment, and that the defendant reflects the defendant's fault in depth.

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