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(영문) 대전지방법원 2020.03.20 2019고단4837

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

On June 26, 2009, the Defendant received a summary order of 700,000 won of a fine for a violation of the Road Traffic Act from the Daejeon District Court.

【Criminal Facts】

At around 23:20 on November 30, 2019, the Defendant driven an E Costex vehicle while under the influence of 0.115% of blood alcohol concentration from the front of C in Sejong City B to the front of D Borrowing road, to about 500 meters.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal land, notification of the results of the regulation of drinking driving, inquiry into the results thereof, report on the circumstantial statements of drinking drivers, circumstantial report of drinking drivers, and report on the handling of the case 112 report; and

1. The register of driver's licenses, the register of driver's licenses, and the register of using a breath measuring instrument;

1. Previous convictions in judgment: Criminal records, investigation reports (verification once a suspect drives alcohol, and attachment of the relevant judgment) and application of Acts and subordinate statutes concerning summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (in light of the danger and seriousness of harm caused by drinking driving, the degree of blood alcohol concentration at the time, etc., the liability for the crime was unfasible, the mistake was unfasible, and the accident was not committed in depth, and the circumstances favorable to the defendant, such as circumstances without any previous conviction, other than the previous conviction in the judgment, etc.);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;