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(영문) 대구지방법원 경주지원 2021.02.16 2020고단849
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal history] On November 18, 201, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act in the Daegu District Court racing support.

[2] Although Defendant 1 had the record of violating the prohibition of drinking driving as above, Defendant 2 driven B-low car under the influence of alcohol at approximately 0.051% of alcohol level from the 10km section of the blood alcohol level to the road following the error in the 10km rith of Yancheon-gu, Yancheon-si, Yancheon-si, Yancheon-si, Yancheon-si, Yancheon-si.

Accordingly, the Defendant violated the prohibition of drinking driving under the Road Traffic Act more than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Written inquiry about criminal history, etc.;

1. Application of investigation reports (the same criminal records as the suspect)-related Acts and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act of the instant crime, the background leading up to the instant crime, the amount of alcohol content during blood transfusion (0.051%), criminal records, etc., and other factors of sentencing as indicated in the records and theories of the instant case, including the Defendant’s age, sex, criminal conduct, environment, family relationship, and circumstances after the crime, shall be comprehensively considered, and the sentence as set forth in the text shall be determined.

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