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(영문) 대전지방법원논산지원 2020.10.13 2020고단264

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On December 27, 2007, the Defendant received a summary order of KRW 1,50,00,000 as a fine for a violation of the Road Traffic Act (driving) from an Ansan District Court's Ansan Branch.

On May 28, 2020, the Defendant driven a motor vehicle ECoon from around 50 meters from the front side of the C in Seosan-si B to D in Seosan-si, 0.037% of alcohol level around 0.037% under the influence of alcohol level around 20:15.

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

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. An inquiry inquiry report, including criminal records of the situation statement report of a host driver;

1. Application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is that the defendant's blood alcohol density, the distance of drunk driving, the time and contents of his previous offense, the occurrence of a traffic accident, and the age, character and conduct, criminal records, criminal records, environment, circumstances after the crime, etc., shall be determined as ordered by taking into consideration all the circumstances shown in the arguments of this case, such as