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(영문) 대전지방법원 2020.10.23 2020고단3251

도로교통법위반(음주운전)

Text

Defendant

A shall be punished by a fine of KRW 10,000,00, and by a fine of KRW 6,000,000, respectively.

The Defendants respectively.

Reasons

Punishment of the crime

1. On July 28, 2016, Defendant A received a summary order of KRW 3 million for the crime of violating the Road Traffic Act from the Daejeon District Court.

On July 2, 2020, at around 22:47, the Defendant driven a Fchier car owned by B in the state of alcohol alcohol concentration of about 0.087% from the front of the D cafeteria located in Daejeon-gu, Daejeon to the front of the Daejeon Dong-gu, Daejeon-gu.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Since the Defendants and their defense counsel acknowledged the facts charged of this case and there is no concern about infringement of the right of defense, the facts charged should be revised accordingly in compliance with the purport of the legal text.

2. On July 2, 2020, from around 21:00 to 22:00, the Defendant: (a) divided alcoholic beverages from D cafeteria located in Daejeon Jung-gu, Daejeon to drink with A; and (b) 2:30 on the same day, the Defendant, who was parked in the vicinity of the above cafeteria, allowed A to drive the said vehicle by turning the keys of the Fchip vehicle owned by the Defendant to A while driving the said vehicle, and aided A to drive the said vehicle while under the influence of alcohol, as described in paragraph (1).

Summary of Evidence

1. Defendants’ respective legal statements

1. Each police interrogation protocol against the Defendants

1. Criminal place, notification of the results of the regulation of drinking driving, inquiry into the results thereof, circumstantial statements of drinking drivers, circumstantial reports of drinking drivers and investigation reports;

1. Deficial control photographs;

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

1. Relevant provisions of Article 148-2 (1), Article 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol by the defendant A), Articles 148-2 and 44 (1) of the Road Traffic Act, and Article 32 (1) of the Criminal Act concerning the crime (the point of driving under the influence of alcohol by the defendant B);

1. Determination of the severity and degree of the risk of drunk driving and the harmful effects of each selective fine of punishment, the driving distance, and the defendant A;