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(영문) 대전지방법원홍성지원 2020.09.23 2020고단632

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On November 14, 2013, the Defendant was issued a summary order of KRW 3 million for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On June 16, 2020, at around 16:35, the Defendant driven a C Belgium car in the state of alcohol alcohol concentration of 0.047% from the front side of the Dae Park Park Park in the Taesung-gun, Hongsung-gun, Hongsung-gun, Hongsung-gun, to the front side of B.

Accordingly, the defendant violated Article 44 (1) or (2) of the Road Traffic Act not less 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. Before judgment: Criminal records and investigation reports, and application of Acts and subordinate statutes of a summary order 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 circumstances of the crime of this case; (b) the degree of drinking alcohol; (c) the recovery and frequency of punishment due to drinking driving; and (d) the age, character and conduct of the defendant, etc.