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(영문) 대전지방법원 서산지원 2018.06.14 2018고단312

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 22, 2009, the Defendant issued a summary order of a fine of one million won for a violation of road traffic law at the Seosan Branch of the Daejeon District Court on January 2, 2009, and on August 19, 2010, the Defendant issued a summary order of a fine of three million won or more for a violation of road traffic law at the Seosan Branch of the Daejeon District Court on August 19, 201, and has a record of punishment for a violation of drinking law at least twice.

Nevertheless, on March 20, 2018, the Defendant driven B-low-water car under the influence of alcohol content of approximately 0.089% from around 100 meters in a section of approximately 100 meters to the front road of the potter-dong old-dong apartment located in the Dong-dong 90-gu Seoul Special Metropolitan City, Jin-si, Seoul Special Metropolitan City.

Summary of Evidence

1. Statement by the defendant in court;

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

1. Report on the circumstances of driving under the liquor:

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and a report of investigation (a summary order issued against the suspect's previous history);

1. Relevant Article 148-2 (1) 1 of the Road Traffic Act, Article 44 (1) of the Criminal Act, the selection of a fine, and the selection of a fine concerning the crime;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act does not mean that the Defendant once again drives the instant drinking, even though he/she was punished twice or more due to drinking. However, the Defendant’s wrongness, the last punishment is against the Defendant’s wrongness, the considerable period of time has elapsed since 2010, the traffic accident has not occurred frequently, the Defendant did not have any criminal record heavier than the fine, and the drinking volume of the instant drinking is 0.089%, including the Defendant’s age, sex, sex, environment, motive, means and consequence of the crime, the circumstances after the crime, etc., and the various circumstances that form the conditions for sentencing as shown in the trial process, such as the record of the instant case and the circumstances after the crime, shall be determined as per the order.