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(영문) 대전지방법원홍성지원 2020.12.16 2020고단918

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 14 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On March 23, 2020, the Defendant was issued a summary order of KRW 4 million for the crime of violating the Road Traffic Act in the Sungnam Branch of Suwon District Court as a result of the violation of the Road Traffic Act.

On July 23, 2020, at around 21:53, the Defendant driven a Frane car in the state of alcohol alcohol concentration of about 0.164% from the frontway in Chungcheongnam-gun, Hongsung-gun, to the frontway in D, to approximately 600 meters.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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 is that the Defendant committed the instant crime again in 7 months, even though he/she had recently been punished for drinking driving, and the Defendant committed the instant crime, such as the nature of the crime is not good, and the fact that the blood alcohol concentration is high is disadvantageous to the Defendant.

However, in full view of the following factors: (a) the defendant has recognized his mistake; and (b) the defendant has no particular criminal records except for the punishment by a fine for a drunk driving once; and (c) other factors of sentencing, such as the background of the crime of this case, the degree of drinking, circumstances after the crime, the age and character of the defendant, etc., the punishment shall