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(영문) 대구지방법원안동지원 2020.12.22 2020고단566
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

On December 4, 2014, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act in the Daegu District Court's Ansan-dong branch.

On July 11, 2020, the Defendant driven a car under the influence of alcohol 0.173% in the section of approximately 12 km from the front road in Ansan-si B to the front road in the same city D, and drive a car under the influence of alcohol 0.173% in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking-driving, report on the circumstances of drinking-driving drivers, and investigation report (report on the circumstances of drinking-driving drivers);

1. Previous records of judgment: Criminal records, etc., inquiry report, investigation report (verification of the same kind of force), and application of three copies of summary order 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 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The Defendant had been sentenced three times to a fine due to drunk driving under Article 334(1) of the Criminal Procedure Act, which repeated the instant crime even though the Defendant had already been sentenced to a fine.

The blood alcohol concentration of this case also exceeds twice the criteria for the revocation of driver's license.

In full view of such circumstances and other conditions of sentencing as the defendant's age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime, etc., and all the conditions of sentencing as shown in the pleading, the punishment shall be determined as ordered.

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