logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원 2021.03.23 2020고정1912
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 6, 2012, the Defendant was sentenced to a fine of KRW 1.5 million by the Daegu District Court for a violation of the Road Traffic Act (drinking driving).

On November 6, 2020, the Defendant driven a e-sports cargo vehicle at a section of about 50 meters from the front side of D in Daegu Dong-gu B to the front side of the same E hotel in the same Gu, while under the influence of alcohol content of 0.038% among the blood transfusion around 01:25.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the situation of the driver working at the main place, investigation report (report on the situation of the driver working at the main place), investigation report (Calculation of alcohol concentration in the blood);

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (Attachment to a summary order of the same kind of force of the suspect);

1. Relevant legal provisions and Articles 148-2(1) and 44(1) of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020) on criminal facts

1. Article 53 and Article 55 (1) 6 of the Criminal Act (Article 55 and Article 55 (1) 6 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, despite the fact that the defendant had been punished for driving alcohol, is driving under the influence of alcohol. However, even though the defendant recognized the instant crime, the defendant's depth is against his/her recognition, the distance operated by the defendant is short, and the degree of alcohol concentration in blood is not relatively high, and the defendant has no record of criminal punishment until recently after October 2013, and there is no record of criminal punishment; the defendant supports his/her child most recently, and the amount of fine determined by the summary order seems to be somewhat excessive, and thus, the amount of fine determined by the summary order shall be reduced as stated in the order.

arrow