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(영문) 대구지방법원 2020.09.09 2020고정837
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 24, 2014, the Defendant was notified of a fine of KRW 5 million by the Daegu District Court due to a violation of the Road Traffic Act.

On November 24, 2019, the Defendant, while under the influence of alcohol level of 0.063% on blood alcohol level on November 24, 2019, driven the E-Poter Cargo Vehicle at approximately 2 km from the Do in front of the Daegu Water-gu B market to the front road of the D Driving Institute located in 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 statement of the state of drinking drivers, and inquiry into the results of the control of drinking driving;

1. Previous records of judgment: The application of criminal records, repeated statements, 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 the detention of a workhouse;

1. In full view of the fact that the sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order had the record of punishment for drunk driving, but the blood alcohol concentration level falls short of the criteria for revocation of license, the previous math is found to have been less than that of the previous math, and there is no power to commit any other crime, etc., the fine shall be selected and the amount of fine shall be determined within the scope of discretionary mitigation, taking into account the Defendant’s occupation, economic situation,

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