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(영문) 대구지방법원 의성지원 2019.09.10 2019고단204
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 1, 2006, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the Family Court of Daegu on August 1, 2006.

Although the Defendant had the power of violating the provision on the prohibition of driving under the influence of alcohol, on July 25, 2019, at around 21:30, the Defendant driven a Fspon vehicle in the state of under the influence of alcohol 0.059% of alcohol alcohol level from approximately 100 meters to the front road of “E” located in the “C cafeteria” located in the Gyeong-gun, Seongbuk-gun, Seongbuk-gun, D.

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 results of the crackdown on drinking driving, the circumstantial statement of a drinking driver, and investigation report (report on the circumstances of a drinking driver);

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 for the provisional payment order include the defendant's reflectivity, the degree of the main alcohol level (0.059% blood alcohol level) and the operational distance (100 meters), and the same kind of power.

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