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(영문) 대전지방법원 2020.02.21 2019고단4734
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15,000,000.

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

Reasons

Punishment of the crime

On June 24, 2013, the Defendant was punished by a fine of KRW 4 million due to a violation of the Road Traffic Act (driving). However, on August 9, 2019, around 22:52, the Defendant operated F vehicles under the influence of alcohol with about 20 meters from the street in the front of the Daejeon Pungdong B to the front of the E in the same Gu from the street in the same Gu to the street in the same Gu.

Accordingly, the defendant violated the prohibition of drinking driving under Article 44 (1) of the Road Traffic Act not less than twice.

Defendant

Since there is no infringement of the right of defense of the counsel, the crime was revised by adding it to be consistent with the purport of the legal text.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Control note, a report on the circumstantial statement of a drinking driver, a report on the circumstances of a drinking driver, a report on the results of the drinking control, and an inquiry on the results of the fact;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes to criminal records and investigation reports (report on previous records of disposition, results of confirmation, and confirmation of the date of release);

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of fines (in light of the danger and seriousness of harm caused by a principal driving, the same kind of crime records, etc., the liability for a crime is heavy, the error is unfolded in depth, the degree of alcohol concentration is not high, and favorable circumstances, such as the short distance of operation, etc. are considered);

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;

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