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(영문) 대구지방법원 2020.08.26 2020고단3165
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[criminal power] On February 5, 2016, the Defendant was issued a summary order of KRW 4 million for a crime of violation of the Road Traffic Act, and on April 1, 2008, a summary order of KRW 5 million for the same crime, etc. at the Daegu District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office (hereinafter “Daehan Branch Branch Branch”) on January 11, 2019 and

【Criminal Facts】

At around 05:55 on May 31, 2020, the Defendant driven a e-manufactured car with an alcohol content of about 4 km from the front of the Young-si Belher, Young-si, to the front of D in Yongcheon-si, Yongcheon-si, with an alcohol content of about 0.108%.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, report on the results of crackdown on drinking driving, and inquiry into the results of crackdown on drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of sound driving records), and application of summary order 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 sentencing order under Article 334(1) of the Criminal Procedure Act is based on the following circumstances and the Defendant’s age, character and conduct, environment, motive, means and consequence of the crime, circumstances after the crime was committed, and various conditions of sentencing as ordered.

Unfavorable circumstances: Crimes are inferior in light of the contents of crimes.

Despite the history of the same kind of drinking driving, the crime of this case has been committed again.

It is a crime during the period of probation.

The favorable circumstances: Recognizing the crime, it is against the law.

The drinking driving did not cause a traffic accident.

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