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(영문) 대구지방법원 김천지원 2019.09.26 2019고단780
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On June 17, 2009, the Defendant received a summary order of KRW 1.5 million as a fine for a violation of the Road Traffic Act in the Daegu District Court Kimcheon-do.

【Criminal Facts】

On July 9, 2019, at around 22:45, the Defendant driven a FNAS car in the state of alcohol alcohol concentration of about 0.041% at the section of about 30 meters from the front of the C cafeteria located in Gumi-si B to the front of the E cafeteria located in D in the same city.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports (verification reports of the same force) and other Acts and subordinate statutes;

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

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The fact that the criminal records of the same kind of reason for sentencing under Article 334(1) of the Criminal Procedure Act are about 10 years prior to the sentencing, and the blood alcohol concentration of the instant case belongs to a relatively low level, and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc., shall be determined by comprehensively taking into account all the conditions of the sentencing specified in the arguments in the instant case, including the following circumstances.

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