beta
(영문) 대전지방법원 홍성지원 2020.05.18 2020고단164

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 13 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On June 23, 2008, the Defendant was issued a summary order of one million won or more as a fine for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On February 21, 2020, the Defendant driven Dsch Rexroth car at approximately 50 meters from the front day of Hongsung-gun B to the front day of the same military, while under the influence of alcohol at 0.183% of alcohol level, around 20:05.

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

Summary of Evidence

1. Defendant's legal statement;

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

1. The circumstantial statement of the employee;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) the Defendant has no record of criminal punishment heavier than the fine; and (c) the Defendant has no record of criminal punishment; and (d) the circumstances of the instant crime; (b) the degree of drinking alcohol; and (c) the recovery and frequency of punishment due to drinking driving; and (d) the Defendant’