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(영문) 대전지방법원 홍성지원 2021.02.24 2020고단1025

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On December 24, 2010, the Defendant was issued a summary order of KRW 1 million as a crime of violating road traffic law (drinking driving) with red support of the Daejeon District Court.

On October 27, 2020, the Defendant driven a C-wing and high-class cargo vehicle with approximately 0.208% alcohol concentration in blood at approximately 8km section from around 08:55 to the Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-gun, Seocheon-do.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (Report on the situation of driving in the main place);

1. Previous conviction: Inquiry about criminal history, the application of the same force and a summary order attached thereto;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.

However, the defendant's mistake is recognized, and the defendant has no particular record of crime except for the punishment of a fine for driving under the influence of alcohol once in the past, and the punishment is determined as ordered by taking into account all the sentencing conditions, such as the circumstances leading to the crime of this case, the degree of drinking, the recovery and frequency of punishment due to driving under drinking, the age of the defendant, and sexual behavior.