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(영문) 대구지방법원서부지원 2020.08.26 2020고단765
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On September 19, 2016, the Defendant was sentenced to a fine of KRW 4 million for the violation of the Road Traffic Act in the Western Branch of the Daegu District Court.

Nevertheless, at around 15:29 on March 1, 2020, the Defendant driven a car in the state of alcohol alcohol level of approximately 0.177% from the 10km section from the front of the cafeteria in the Daegu-gun, to the front of the Gyeong-gun, Gyeongbuk-gun, the Defendant driven the car under the influence of alcohol level of about 10km.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the circumstantial statement of a drinking driver, report on the control of drinking driving, and inquiry into the results of the control of drinking driving;

1. Criminal records as indicated in the judgment: Application of criminal records, reply reports (A), investigation reports (a summary order attached to the same type of power);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant had a record of criminal punishment once due to drinking driving, but again repeats the same crime.

At the time of the instant case, the Defendant’s blood alcohol concentration is very high to 0.177%.

In light of these points, it is necessary to strictly punish the defendant.

However, as seen earlier, the fact that the defendant has been aware of the facts of crime and the fact that there is no record of criminal punishment other than the fine imposed once for the same kind of crime, etc. shall be considered as favorable to the defendant, and the defendant's age, character and conduct, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case, including the defendant's age, character and behavior, family relationship, family relationship, circumstances after the

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