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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2561

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

[Criminal Power] On November 15, 2016, the Defendant received a summary order of KRW 5 million for a fine of KRW 5 million for a violation of the Road Traffic Act (driving) from the Daejeon District Court’s Branch on the grounds of the violation of the Road Traffic Act.

【Criminal Facts】

At around 16:05 on September 21, 2019, the Defendant, despite the fact that he violated the prohibition of drinking driving, driven a motor vehicle under the influence of alcohol of about 3 km from the front of the “Bcafeteria” road located in the Gangnam-gu Seoul Metropolitan Government, Seoan-gu to the front of the “D Burial” road located in Seoan-gu, Seoan-gu, Seoan City.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. Scenic photographs;

1. Previous records of judgment: Application of criminal records, references to criminal records, investigation reports, and Acts and subordinate statutes;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. Taking into account the following circumstances: (a) the fact that a person was punished twice by a fine due to drinking alcohol driving for the reason of sentencing under Article 334(1) of the Criminal Procedure Act; (b) the degree of blood alcohol level is very high; (c) the person was not subject to criminal punishment other than twice the said fine; and (d) the fact that the person should retire from the company currently in service when the person