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(영문) 대전지방법원 홍성지원 2021.03.10 2020고단1089
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of eight 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 May 11, 2009, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of Road Traffic Act (drinking driving) in the official housing support of the Daejeon District Court.

On November 14, 2020, the Defendant driven a rocketing car with approximately 500 meters alcohol level 0.110% under the influence of alcohol level from around 03:47 to the D’s front road in the same city from around 03:0 to the D’s front road in the same city.

Accordingly, the Defendant violated Article 44(1) of the Road Traffic Act at least 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. Report on the circumstances of driving under the liquor:

1. Previous convictions indicated in the judgment: Inquiry about criminal history and investigation reports (the same kind of force) and application of the summary order statutes 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. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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 all kinds of sentencing conditions, including the fact that the defendant has recognized his mistake, and the defendant has no history of crime except for a criminal punishment by a fine for driving under the influence of alcohol in the past, the background of the crime in this case, the degree of drinking, the recovery and frequency of punishment due to driving under influence of alcohol, the age of the defendant, family relationship, sex behavior, and circumstances after the crime, etc., the punishment shall be determined as ordered.

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