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(영문) 대구지방법원서부지원 2020.08.20 2019고단3621
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On July 6, 2006, the Defendant issued a summary order of KRW 1.5 million to the Daegu District Court for a violation of the Road Traffic Act (hereinafter referred to as the “Food Driving”), and issued a fine of KRW 5 million to the Daegu District Court on July 17, 2015 (hereinafter referred to as the “Food Driving”), respectively, and violated the prohibition of Drinking Driving Regulations.

【Criminal Facts】

On November 24, 2019, around 01:45, the Defendant driven Esch Rexroth under the influence of alcohol concentration of about 100 meters at approximately 0.119% from the section of approximately 100 meters, from the front of the Daegu Seo-gu B to the front of the D convenience store located in the same Gu C on the same day.

Therefore, although the defendant was punished as a drunk driving, he again driven a motor vehicle under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the inspection of occurrence of the case, report on the situation of a drinking driver, inquiry into the results of the control of drinking driving, and notification of the results of the control of drinking driving;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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 is that the Defendant committed the instant crime during the period of repeated crime due to a different type of crime, and that the Defendant has been punished three times by a fine due to a drunk driving.

However, in light of all the sentencing conditions shown in the arguments of this case including the defendant's age, character and conduct, environment, family relationship, means and result of the crime of this case, etc., the defendant confessions the crime of this case and repents the errors, there is no record of punishment exceeding the fine due to drinking driving, the distance of drinking driving is short, the drinking-related treatment is being given, and the defendant's age, character and behavior, environment, family relationship, means and result

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