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(영문) 대구지방법원 안동지원 2020.06.03 2019고단969
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 7, 2008, the Defendant was issued a summary order of KRW 1 million for the crime of violation of the Road Traffic Act in the Daegu District Court's Ansan-dong branch on August 7, 2008.

【Criminal Facts】

On November 29, 2019, the Defendant, at the permanent residence of the Defendant at around 21:25, driven C cargo vehicles with approximately 1km alcohol concentration of about 0.156% from the 1km section to the residence of the said Defendant.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Written statements of D;

1. Criminal place, investigation report (report on the circumstances of a drinking driver), inquiry report on the crackdown on drinking driving, and investigation report (as to the distance from driving a motor vehicle under the influence of alcohol);

1. Previous convictions indicated in judgment: The application of criminal records and investigation reports (prior convictions of suspects) and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant had a record of being punished for the same kind of crime, and again, he committed the crime of drunk driving in this case.

However, in light of the circumstances favorable to the defendant, such as the defendant's occupation, age, character and conduct, environment, motive, background, means and consequence of the crime, and circumstances after the crime, the punishment as ordered shall be determined in accordance with the order.

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