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(영문) 대전지방법원 서산지원 2020.01.28 2019고단1106

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On January 20, 201, the Defendant issued a summary order of KRW 1 million for the crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on January 20, 201.

Criminal facts

On October 25, 2019, at around 20:04, the Defendant driven DK5 cars while under the influence of alcohol 0.127% in the section of approximately 25km from the front of the west-si, Chungcheongnam-gun, Chungcheongnam-do to the front of the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of drinking control results;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Control note;

1. Previous records of judgment: Criminal records, inquiry reports, investigation reports, application of Acts and subordinate statutes governing summary orders;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant once drives alcohol although he had a record of being punished as a drunk driving as stated in its reasoning, and that the amount of the pertinent drinking water is not low, the criminal liability is not somewhat weak.

However, considering favorable circumstances, such as the fact that the defendant's mistake and reflects the defendant's mistake, the fact that there is no other punishment force than the above previous conviction, and that it does not reach a traffic accident, the punishment as ordered shall be determined by taking into account the following factors: the defendant's age, character and conduct, environment, motive of the crime, circumstances after the crime, etc., and all the conditions