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(영문) 대전지방법원 2020.02.07 2019고단4867

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On February 14, 2011, the Defendant received a summary order of KRW 1,500,000 from the Daejeon District Court to a fine for a violation of the Road Traffic Act.

On November 17, 2019, at around 00:30, the Defendant driven a motor vehicle with DNA alcohol content at approximately 0.092% under the influence of alcohol from the Do in front of Daejeon Seo-gu B to the next road of the same Gu C Apartment-gu, Daejeon.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the drinking driving control, inquiry of the results of the drinking driving control, the circumstantial statement of a drinking driver, and details of the control;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order, despite the fact that the defendant had been punished by a fine of KRW 1.5 million for a drunk driving in 201 and a fine of KRW 1 million for a non-licensed driving in 2012, a person driving the instant drinking again, and at the time of the discovery of the instant case, he was 0.092% of the blood alcohol content at the time of the detection of the instant case: Provided, That the Defendant recognized and against the mistake, and determined the sentence as ordered in consideration of all the sentencing conditions indicated in the record, such as the Defendant’s age, character and conduct, and environment