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(영문) 대구지방법원 안동지원 2020.02.12 2019고정108
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 July 28, 2019, at around 05:00, the Defendant driven a FCA 100 Oralb with a blood alcohol concentration of 0.113% under the influence of alcohol on the roads of a singing practice room in Ansan-si B from around 300 meters to the roads of E convenience stores in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. Inquiry into the result of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. In addition to the favorable circumstances, such as the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is relatively high in blood alcohol level, and the defendant is a primary offender, the distance of driving is short and economic conditions are difficult, and other circumstances, such as the defendant’s occupation, age, character and behavior, environment, motive, circumstance, means and consequence of the crime, etc., shall be determined as per the order, taking into account the overall circumstances such as the defendant’s occupation

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