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(영문) 대구지방법원 서부지원 2020.07.22 2019고단3563
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

[Criminal Power] On May 13, 2010, the Defendant was sentenced to 8 months of imprisonment and 2 years of suspended execution with prison labor for the violation of the Road Traffic Act in the Seogu District Court Branch of the Daegu District Court.

【Criminal Facts】

On November 29, 2019, at around 23:28, the Defendant driven a C low-priced car in the section of approximately 2 km alcohol concentration from the front of the cafeteria to the front of the B, in the middle of about 2 km.

Accordingly, the defendant violated the Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation report (report on the circumstances of an immigration driver);

1. Report on the results of the crackdown on drinking driving, and the circumstantial statement of a drinking driver;

1. Criminal records as stated in the judgment: Application of criminal records, reply reports (A), written judgments (Evidence Records No. 30 pages);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act with regard to an order of provisional payment, even though the Defendant had a record of criminal punishment on five occasions due to drunk driving, repeated the same crime.

(Though it is difficult to confirm the name of a crime shown in the career materials, it seems that it was caused by drinking driving during the crime of violation of the Road Traffic Act, which was punished four times from 1994 to 2000. Furthermore, on March 20, 2019, the Defendant was sentenced to imprisonment for eight months with prison labor and two years of suspended execution on March 28, 2019, and the above judgment became final and conclusive on March 28, 2019. At the time of the instant case, the period of suspended execution by the above judgment was the period of suspended execution.

In light of these points, it is necessary to strictly punish the defendant.

However, since 2010, there is no record of punishment for drinking driving.

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