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(영문) 대구지방법원의성지원 2020.11.12 2020고단314
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 4, 2011, the Defendant received a summary order of KRW 1,50,00,000 from the Daegu District Court's Sung branch of the Road Traffic Act due to the violation of the Road Traffic Act.

Although the Defendant had the power of violating the provision prohibiting driving under the influence of alcohol, on October 12, 2020, at around 08:15, the Defendant driven a 1 ton cargo vehicle of Category D with the blood alcohol concentration of about 0.096%, from around 4.5 km to the roads in front of the Gandong-gun, Gandong-gun (Seoul) to the roads in front of C.

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of a traffic accident, the actual condition survey report and on-site photographs;

1. The circumstantial statement of the employee;

1. Previous records of judgment: Criminal records, inquiry reports, and criminal investigation reports (applicable to criminal records and summary orders issued by a suspect);

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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order are the reflection of the accused, the degree and distance of driving, and records of driving under the influence of alcohol (three times a fine by not later than 201).

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