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(영문) 대구지방법원경주지원 2020.11.12 2020고단361
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 2, 2006, the Defendant was issued a summary order of KRW 2.5 million for the crime of violation of the Road Traffic Act in the Daegu District Court racing support.

【Criminal Facts】

On October 15, 2019, at around 21:44, the Defendant driven a F business car in the state of alcohol alcohol concentration of about 0.047% from the four km section from the front of “C” in “C” in “C” to the front Ne-distance Intersection in D.

Accordingly, the defendant, who violated the Road Traffic Act prohibiting driving under the influence of alcohol, was driving a motor vehicle under the influence of alcohol in violation of the Road Traffic Act.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to investigation reports on criminal records, such as notification of the results of drinking driving control;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Mitigation of discretionary mitigation under Articles 53 and 55(1)6 of the Criminal Act (see, e.g., circumstances, etc. described in the following sentencing grounds):

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment are as follows: (a) the background of the instant crime; (b) the volume of blood alcohol content (0.047%); (c) the criminal records; and (d) equity with other cases; and (d) the Defendant’s age, character and conduct, environment, family relationship; and (e) the various factors of sentencing specified in the records and arguments, including the circumstances

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