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(영문) 대전지방법원홍성지원 2020.12.09 2020고단880

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On August 23, 2019, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Hongsung Branch of Daejeon District Court on August 23, 2019.

On September 13, 2020, at around 01:35, the Defendant driven C-3 automobiles while under the influence of alcohol with approximately 0.157% alcohol concentration at a 1km section from the front of the inn part of the Chungcheongnam-gun, Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-gun, to the 855-west intersection.

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. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, even though he had been punished for the past drunk driving, was driving again at the time of the lapse of one year, and the crime of this case was not good, and the amount of drinking alcohol was very high, and that the normal driving itself was impossible due to the occurrence of the accident going beyond the safety zone.

However, in full view of the following factors: (a) the defendant has recognized his mistake; and (b) the defendant has no particular criminal records except for the punishment of a fine for a drunk driving once in the past; (c) the circumstances leading up to the crime of this case; (d) the degree of drinking alcohol; (e) the recovery and frequency of punishment due to a drunk driving; and (e) the age and character of the defendant,