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(영문) 대구지방법원서부지원 2020.11.06 2020고단1599
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

[Criminal Power] On February 16, 2010, the Defendant was issued a summary order of KRW 500,000 as a crime of violating the Road Traffic Act by the Daegu District Court.

【Criminal Facts】

On May 5, 2020, around 04:05, the Defendant: (a) driven a car in the state of alcohol alcohol concentration of approximately 0.041% from the front side of the Daegu Seo-gu B apartment road to the front side of the Daegu Nam-gu Seoul Metropolitan City.

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

Summary of Evidence

1. Defendant's legal statement;

1. Each investigation report (the sequence 5,8 of evidence lists);

1. A survey report on actual condition (1) (2);

1. Two copies of the circumstantial statements of a drinking driver, the notification of the results of the crackdown on drinking driving, and the management and inquiry of the report on drinking-in-take;

1. Photographs;

1. Criminal records as indicated in the judgment: Application of one copy of inquiry report, investigation report (per-time confirmation of the same kind of electric power), summary order, and one copy of the summary order;

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.

During the driving of this case, there was an accident where the road's humanitarian seat, etc. is located.

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

However, the fact that the defendant shows an attitude to recognize the facts of crime, there is no history of criminal punishment exceeding a fine, and the fact that the blood alcohol concentration of the defendant at the time of this case was not higher than 0.041%, etc. are considered as favorable to the defendant, and the defendant's age, character and behavior, environment, family relationship, family environment, circumstances after the crime, and various sentencing conditions specified in the records and arguments of this case, such as the defendant's age, character and behavior, family relationship, family environment, circumstances after the crime, etc. shall

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