(영문) 대구지방법원 서부지원 2020.02.05 2019고단2653

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(영문) 대구지방법원 서부지원 2020.02.05 2019고단2653

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of seven million won.

If the defendant does not pay the above fine, the amount of KRW 100,000 shall be paid.

Reasons

Punishment of the crime

[Criminal Power] On September 3, 2014, the Defendant was sentenced to a fine of KRW 3 million for a violation of the Road Traffic Act in the Seo-gu District Court Branch of the Daegu District Court on September 3, 2014, and the judgment became final and conclusive on the 12th of the same month.

【Criminal Facts】

On September 17, 2019, around 16:58, the Defendant: (a) driven a Fysttool car in the section of about 10km from September 17, 2019 to the 3rd underground parking lot of D apartment E-dong, Dong, 2nd in Seogu, Seo-gu, Daegu to the same city, and violated Article 44(1) of the Road Traffic Act at least twice, while under the influence of alcohol concentration of about 0.032%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Previous convictions indicated in judgment: A criminal report and the application of Acts and subordinate statutes as a result of inquiry;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: A sentence shall be imposed as ordered by considering all the circumstances, including the Defendant’s age, character and behavior, environment, motive and background of the crime, means and consequence of the crime, etc., and all the circumstances constituting the conditions for sentencing specified in the pleadings of the instant case, including the fact that the driving of the instant case was led to a single fine due to a drunk driving, and that the driving of the instant drinking water does not lead to a traffic accident, that the driving of the instant drinking water does not lead to a traffic accident, that the driving of the instant drinking water does not lead to a traffic accident, and

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