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(영문) 대전지방법원홍성지원 2020.11.25 2020고단879

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On April 17, 2015, the Defendant was issued a summary order of KRW 4 million as a fine for a violation of the Road Traffic Act in the support of the Daejeon District Court's Incheon District Court.

피고인은 2020. 9. 9. 02:55경 혈중알코올농도 0.146%의 술에 취한 상태에서 충남 예산군 B에 있는 ‘C’ 앞 도로에서부터 장소 불상의 구간을 경유하여 충남 예산군 D 앞 도로에 이르기까지 불상의 구간에서 E 팰리세이드 자동차를 운전하였다.

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. Investigation report (report on the situation of running a motor vehicle at home);

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 has 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 crime of this case, the degree of drinking alcohol, the recovery and frequency of the punishment due to drinking driving; and (d) the age, character