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(영문) 대전지방법원 2020.01.31 2019고정1315

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 July 17, 2014, the Defendant received a summary order of KRW 1,500,000 from Daejeon District Court to a fine for a violation of the Road Traffic Act.

At around 21:50 on September 1, 2019, the Defendant driven a motor vehicle B with two km from the underground parking lot in the Seo-gu, Seo-gu, Daejeon to the Jin-dong, Seo-gu, Seo-gu, Seo-gu, Seo-gu to the Jin-dong, Seo-gu, Seo-gu, Seo-gu.

Accordingly, the defendant violated the Road Traffic Act's prohibition of drinking driving more than twice.

Defendant

Since there is no concern about infringement of the right of defense of the counsel, the facts charged were added to the facts charged in line with the purpose of the legal text.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, statement statement, notification of the results of the drinking driving control, fact inquiry, and report on the status of the drinking driver;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of Acts and subordinate statutes governing a summary order;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (in light of the danger of drinking driving and the seriousness of the harm, etc. thereof, the liability for the crime is unfresh, the error is remarkably divided, the degree of alcohol concentration at the time is not relatively high, and the multiple accidents did not occur, and circumstances favorable to the defendant, other than the previous conviction in the judgment, have no criminal records, etc.);

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

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