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(영문) 대구지방법원 2020.11.04 2020고정1429
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On August 28, 2007, the defendant was sentenced to a fine of 1.5 million won by the Daegu District Court for the crime of violation of the Road Traffic Act.

At around 10:30 on August 2, 2020, the Defendant driven a vehicle of 3 meters from the Daegu Suwon-gu Babel parking lot to the entrance, while under the influence of alcohol at 0.080% of blood alcohol level.

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

Summary of Evidence

1. Defendant's legal statement;

1. Reports on the statement of the situation of a drinking driver, and the images of CCTV images taken as a result of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, references to criminal records, prosecution investigation reports (a copy of judgment attached) and 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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for detention in a workhouse (when suspension of execution of a sentence of imprisonment is invalidated or revoked);

1. Article 62 (1) of the Criminal Act;

1. Although Article 62-2 of the Probation Criminal Act has a history of punishment for drunk driving, there are unfavorable circumstances such as the enforcement of the current Road Traffic Act, which greatly strengthened the control standards and statutory punishment by the social request that eradicates harm caused by drunk driving, and the blood alcohol concentration level reached the criteria for revocation of license. However, according to the evidence records and the result of the sentencing examination, the Defendant was driving a vehicle at a mother telecomter with the request of the mother telecomterism to divide the owner of the vehicle in the apartment room in which he is familiar with, and stop immediately. The above indoor parking lot is a limited space for only the mother telecomter to use it, and the Defendant seems to have little risk of human life, and the Defendant is against his awareness while committing a crime in a net manner despite the circumstances surrounding driving.

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