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(영문) 대구지방법원 2020.05.21 2020고단808
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 September 16, 2014, the Defendant was issued a summary order of KRW 4 million as a crime of violating the Road Traffic Act by the Daegu District Court.

On January 18, 2020, at around 13:55, the Defendant driven a 4.5 tons truck with blood alcohol level 0.169% under the influence of alcohol at the section of about 34 km from the roads located in Daegu-gun to the roads located in the front of the D Elementary School located in North Korea, the Defendant was under the influence of alcohol level 0.169%.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the actual condition, report on the statement of the state of a drinking driver, and report on the control of drinking driving;

1. An accident site photograph;

1. Application of Acts and subordinate statutes on criminal records, etc. inquiry reports and investigation reports;

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 for the detention of a workhouse;

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act do not relax the error of the defendant for the reason of sentencing, and the occurrence of traffic accidents and the significant degree of taking notes, etc., and favorable circumstances such as the defendant's age, character and behavior, environment, circumstances and circumstances of the crime, means and result of the crime, circumstances after the crime, and family relations, etc., shall be comprehensively considered and determined as the order.

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