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(영문) 대전지방법원 2020.08.21 2020고단2046

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On August 22, 2017, the defendant was issued a summary order of KRW 2 million by the Daejeon District Court for the violation of the Road Traffic Act.

On April 13, 2020, at around 02:38, the Defendant driven a e-sports car at the section of approximately 400 meters from the DN distance to the same DN distance in Daejeon-gu, while under the influence of alcohol of 0.075% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report, internal investigation report, report on the circumstances of a drinking driver, and inquiry into the results of the crackdown on drinking driving;

1. Registers of driver's licenses;

1. Suppression photographs;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of the same summary order), and application of summary order statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (the danger and the degree of harm caused by drinking, the situation that a vehicle stop signal at the time was changed, making it difficult to depart from a vehicle under the influence of drinking, considering the situation that the vehicle was under the influence of drinking, and the interval between the previous criminal records and the previous criminal records, etc., the liability for the crime was unfresh, the depth of the mistake, the degree of blood alcohol concentration at the time of the accident is not relatively high, and the distance of driving did not occur, and the distance of driving does not extend, and circumstances favorable to the defendant other than the previous criminal records of the judgment, etc.)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;