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(영문) 대전지방법원 2021.01.12 2020고단4583

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 July 3, 2007, the Defendant was sentenced to a fine of KRW 700,00 as a crime of violating the Road Traffic Act (drinking driving) at the Daejeon District Court.

On September 22, 2020, the Defendant, while under the influence of alcohol leveling 0.154% during blood transfusion around 04:50 on September 2, 2020, driven a car by E in a section 500 meters prior to the same Gu cafeteria, Seo-gu, Daejeon.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Defendant

In addition, since the defense counsel acknowledged the facts charged of this case and there is no possibility of infringement of the right of defense, it shall be corrected by adding it to the facts charged to clarify the purpose thereof.

Summary of Evidence

1. Statement by the defendant in court;

1. Arrest report of the occurrence of the case, report of the situation of the driver at the main place, report of the situation of the driver at the main place, notification of the results of crackdown on drinking driving, and inquiry

1. The driver's license ledger and the driver's license ledger;

1. Field control photographs;

1. Previous convictions: Inquiry into criminal history, investigation report (Attachment of the same criminal record and attachment of the same criminal record), application of summary order statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(1) and 44(1) of the Road Traffic Act, the selection of a fine (in light of the danger and the seriousness of harmful effects of drinking driving, the degree of alcohol concentration during blood transfusion at the time, and the previous conviction in the judgment, the liability for the crime is unfasible, the distance of driving is relatively unfasible, the distance of driving has not occurred, and the accident has not occurred frequently, and there is no criminal record other than the previous conviction in the judgment, and there is no time difference between the previous conviction in the judgment, and other favorable circumstances for the defendant, etc.)

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

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