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(영문) 대전지방법원 2020.01.31 2019고정739
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On June 27, 2018, at around 21:47, the Defendant driven a DK 3 car while under the influence of alcohol of about 0.104% of alcohol content at a section of approximately 500 meters from the roads in front of the offline of the trade name in the Daejeon Seo-gu, Daejeon to the roads in front of the C store located in B.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Statement of control, notification of results of the drinking driving control, inquiry into the results thereof, report on the circumstantial statements of drinking drivers and report on the circumstances of drinking drivers;

1. Application of the statutes on the register of driver's licenses;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The sentence of a fine identical to the summary order shall be imposed in consideration of the circumstances, etc. in which the defendant had the same criminal records as the defendant for sentencing of Article 334(1) of the Criminal Procedure Act, whose blood alcohol concentration was high at the time, and whose case of recovery from a formal trial is proceeding due to the unknown whereabouts of the defendant, etc.

In addition, the sentencing conditions indicated in the records of the instant case, such as the Defendant’s age, character, conduct and environment, shall be equally examined, and the sentence shall be determined as ordered.

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