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(영문) 대구지방법원의성지원 2020.10.22 2020고단270
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 June 26, 2015, the Defendant received a summary order of KRW 3 million as a crime of violation of the Road Traffic Act from the Jeju District Court.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, at around 21:00 on September 8, 2020, the Defendant driven a d 1 ton cargo vehicle under the influence of alcohol with approximately 500 meters alcohol concentration of 0.035% at a distance of about 50 meters from the front side of the Cheongsong-gun, Cheongsong-gun, Cheongsong-gun to the front side of the same military C

Accordingly, the Defendant violated the prohibition of driving under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement, investigation report, and notification of the results of the control of drinking driving;

1. Previous records of judgment: Application of criminal records, inquiry reports, and criminal investigation reports (Attachment to criminal records and summary orders);

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 of the provisional payment order include the reflection of the defendant, the distance and the degree of drinking alcohol driving, and the records of drinking alcohol driving (two times a fine).

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