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(영문) 대구지방법원 영덕지원 2021.01.27 2020고단314
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 October 5, 2009, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (drinking driving) from the Daegu District Court Kimcheon-cheon branch, and on March 21, 2016, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (drinking driving) from the Changwon District Court’s common support on March 21, 201.

On December 8, 2020, the Defendant driven an EM6 car under the influence of alcohol concentration of about 0.036% from the 1.5km section from the parking lot of the building B in Chungcheongnam-gun, Chungcheongnam-do to the front road in C. From around 07:30 on December 8, 2020.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Investigation report by the defendant before the court (the main driver's report on the circumstances);

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, notification on the results of regulating the driving of drinking, and inquiry into the following:

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of criminal history of the same kind) statute;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the punishment as ordered shall be determined by taking into account all of the factors indicated in the pleadings of the instant case, including the Defendant’s age, environment, sexual conduct, motive, means and consequence of the crime, and the circumstances after the crime.

Unfavorable circumstances: (a) the Defendant had been subject to each fine in 2009 and 2016 due to drinking, but again led to the instant crime; (b) the Defendant recognized all the instant crime; (c) the Defendant’s mistake; (d) the Defendant’s alcohol concentration in blood at the time of driving is relatively low; and (e) the instant crime was driven in the state where the well-being was not resolved; and (e) there are circumstances to be considered in the circumstances.

Considering the fact that it appears

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