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(영문) 대구지방법원김천지원 2020.09.23 2020고단633
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On December 1, 2008, the Defendant was issued a summary order of 700,000 won of a fine in the Daegu District Court Kimcheon-do branch on the violation of the Road Traffic Act, and on October 6, 2014, the Defendant was issued a summary order of 3 million won of a fine in the Western Branch of the Daegu District Court.

Nevertheless, at around 03:37 March 17, 2020, the Defendant driven Cco or fex car while under the influence of alcohol concentration of about 0.125% in the section of the 20-meter road adjacent to the Dong-si B hotel in Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. For the accused's legal statement, statement, circumstantial statement, and previous records shown as a result of the control of drinking driving: Application of Acts and subordinate statutes to the criminal records, etc. inquiry reports and investigation reports (verification of the same kind of power);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order has no record of being punished for driving under the influence of alcohol since 2014, and the defendant seems to have moved the vehicle at a 20-meter level after a substitute driver and a substitute driver moved the vehicle at a 20-meter level due to disputes over the substitute driver's and the substitute driver's fee rate. Thus, the situation of driving can be considered and the driving distance is very short. In addition, all of the sentencing conditions shown in the records and arguments of this case, including blood alcohol concentration of the defendant at the time of the crime of this case, and the status of the defendant at the time of driving, shall be determined as the same as the order.

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