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(영문) 대전지방법원 2018.05.02 2017고단4695

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On June 13, 2013, the Defendant is currently in the grace period, which became final and conclusive on June 16, 2016 by the Daejeon District Court as a crime of violation of road traffic laws (drinking driving) in the Young-dong branch of the Young-gu District Court on June 13, 201, as well as a crime of violation of road traffic laws (drinking driving) in the Daejeon District Court on June 8, 2016.

On September 12, 2017, the Defendant was under the influence of alcohol content of 0.20% from blood transfusion around 00:10 on September 12, 2017. From the front of the wall acid Radon in Jungcheon-gu, Daejeon to the front of the 106 Doncheon-ro No. 1646, the Defendant driven the C Adon-purd car at the 1 kilometer section from the front of the 106 Doncheon-ro 1646.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and the statement in the circumstances of the driver;

1. Previous convictions in judgment: The results of inquiry and the application of Acts and subordinate statutes of investigation reports (the same kind and confirmation);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

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 requires a strict punishment in light of the fact that the defendant was punished twice due to drinking, high drinking level, and is a crime during the period of probation.

However, the defendant's side effects, the defendant's proxy driving on behalf of the defendant in order to avoid drinking, but the substitute driver was unable to drive on his behalf because he was unable to find his position, the mother of the defendant and the workplace commercial person, etc. wanting to find the defendant's wife. In particular, the defendant's mother is also trying to commit the crime of this case while the defendant died of his birth due to traffic accident in 2015 and his family suffers from mental pain, and the defendant's wife also led to the crime of this case.