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(영문) 대구지방법원 포항지원 2020.06.10 2020고단201
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 16,000,000 won.

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

Reasons

Criminal facts

【Criminal Power】 On July 15, 2010, the Defendant was sentenced to a fine of one million won as a crime of violating the Road Traffic Act (driving) at the port support of the Daegu District Court.

【Criminal Administration” around 23:07 on 28, 2020, the Defendant driven a Fystton car with a 0.121% alcohol concentration at approximately 150 meters away from the 150-meter section of blood alcohol content to the Mat in the front of the Mat in the north-gu, Mat. B.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. G statements;

1. Reports on the occurrence of a traffic accident, photographs of the scene of the accident, reports on the state of the driver's license, reports on the situation of the driver's license and statement, notification on the results of the drinking driving control

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

1. Relevant laws concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Criminal Act that choose punishment, and the choice of fines;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order was sentenced to a fine for the crime of violation of the Road Traffic Act in the year 2005, with a high level of blood alcohol concentration in the sentencing of Article 334(1) of the provisional payment order. This is the third drinking driving, but the second drinking driving is somewhat at intervals with the second drinking driving, there is no penalty power except the fine on the second drinking driving and the fine on the violation of the Automobile Management Act in the year 2002, and the defendant reflects the mistake in depth, and other various sentencing conditions shown in the records and arguments such as the motive, means and result of the crime in this case, the circumstances after the crime, the defendant's age, character and behavior and environment, etc. are also considered.

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