(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1074

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 홍성지원 2021.03.17 2020고단1074

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On December 21, 2007, the Defendant was issued a summary order of KRW 500,000,000 as a crime of violating road traffic law (driving) with red support from the Daejeon District Court.

On November 10, 2020, while under the influence of alcohol level of 0.074% from blood alcohol level of 17:00, the Defendant driven a car with B low-speed in the 9km section from the front of the 176 km budget-based administrative welfare center to the 156-lane budget-based 176, in the budget-based budget-based.

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 of criminal history, confirmation of the same record, and application of summary order-related Acts and subordinate statutes;

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, in full view of the following factors: (a) the Defendant recognized his mistake; (b) the Defendant has no record of criminal punishment heavier than the fine; and (c) the background of the instant crime; (b) the degree of drinking alcohol; (d) the frequency and frequency of the punishment due to drinking driving; and (e) the Defendant’s age and sexual behavior, etc., the sentence shall be determined

참조조문

-형법 제69조 제2항

-형법 제70조 제1항

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