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(영문) 대구지방법원 2019.10.16 2019고정892
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 July 10, 2019, at around 23:45, the Defendant driven a FM7 car at approximately 300 meters section from the Do near Kimhae-si to the road front of the E Park located in D in the same city from the Do near Kimhae-si, while under the influence of alcohol by 0.154% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Investigation into the results of the crackdown on drinking driving, and the application of Acts and subordinate statutes to report the situation of drinking drivers;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Although there is no record of punishment for sentencing under Articles 70(1) and 69(2) of the Criminal Act, it is reasonable to maintain the amount of fine under the summary order as it is, in full view of the following facts: (a) the current Road Traffic Act, in which the regulatory standard and statutory punishment were greatly strengthened due to the social request to eradicate harm caused by drunk driving; (b) the blood alcohol level is much higher than the criteria for cancellation of license; and (c) there is no objective evidence supporting the Defendant’s change of circumstance that the measured values are measured higher than the Defendant’s actual alcohol level; and (d) there is no objective evidence supporting the Defendant’s change of circumstance that is favorable to the sentencing after the summary order. It is so decided as per Disposition on the grounds above.

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