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(영문) 대전지방법원 2018.05.25 2018고단144

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On July 21, 2009, the Defendant issued a summary order of KRW 1 million for a crime of violating road traffic laws at the Daejeon District Court on July 21, 2009; on July 10, 2014, the same court issued a summary order of KRW 5 million for the same crime; on March 18, 2015, the Daejeon District Court sentenced one year to imprisonment for a crime of violating road traffic laws (drinking) at the Daejeon District Court on March 18, 2015; and on October 28, 2015, the period of parole was terminated on October 28, 2015 while the sentence was executed.

On December 10, 2017, the Defendant driven a e-car from around 2 kilometers from around 00:17 to around 0.184% of alcohol concentration in the blood transfusion, to around 0.184%, the Defendant driven a e-car from around 0:2 kilometers in the front side of the Daejeon Seo-gu Seoul Metropolitan Government.

The Defendant, as a person who has a driving force twice or more, driven a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report and investigation report on the situation of the driver at the main place of business (report on the situation of the driver at the main place of business);

1. Previous records: Investigation report (recognating repeated crimes and the same records), repeated crimes and copies of the judgment of the same kind, and copies of summary orders of the same military power;

1. Article 148-2 (1) 1 and Article 44 (1) (not less than three times of drinking driving) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine for negligence;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act in the order of provisional payment has the history of punishing three times due to drinking driving. In particular, on March 18, 2015, the Daejeon District Court sentenced one year to imprisonment for a crime of violation of road traffic law at the Daejeon District Court on March 18, 2015, and paroled on October 28, 2015 during the execution of the sentence at the Young-month Prison on paroled on November 28, 2015 and completed the parole period on November 28, 2015, and therefore, it is not appropriate to commit the instant crime even if the Defendant committed the instant crime for three years after the expiration of the parole period.

However, the defendant reflects his mistake, and the defendant has the burden of alcohol dependence.