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(영문) 대구지방법원 안동지원 2020.06.10 2019고정111
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On February 4, 2016, the Defendant was issued a summary order of KRW 1.5 million by the Seoul Western District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 27, 2019, at around 22:17, the Defendant driven a Derc-cr cruise car from around 1km to the front road of a bus terminal located at a permanent university of 352, a permanent university of 0.114% of blood alcohol level.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal land, report on the autopsy of occurrence of the case, report on the circumstantial statement of the drinking driver, investigation report (report on the circumstances of the drinking driver), inquiry into the results of the control of drinking driving, report on the handling of 112 reported cases, vehicle driving certificate, vehicle driving certificate, vehicle driving certificate, and inquiry;

1. Previous convictions: The application of Acts and subordinate statutes verifying criminal records and criminal punishment of suspects related to traffic;

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. 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 order of provisional payment is that the defendant again committed the crime of drinking alcohol driving in this case despite the fact that he had been punished twice for the same kind of crime, and that the crime is not good.

However, in light of the fact that the defendant recognized the crime of this case, the fact that the defendant has no record of punishment in excess of the fine, the circumstances favorable to the defendant, such as the defendant's occupation, age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., the punishment as ordered shall be determined in accordance with the order.

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