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(영문) 대전지방법원 홍성지원 2020.04.29 2020고단10
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On April 20, 2015, the Defendant was issued a summary order of KRW 1,500,000 as a fine for a violation of the Road Traffic Act in the Hongsung Branch of Daejeon District Court for a violation of the Road Traffic Act.

On December 12, 2019, the Defendant, as a person with power in violation of Article 44(1) of the Road Traffic Act, driven a e-reflured vehicle with a blood alcohol concentration of about 0.327% from a 500-meter section 500 meters away from the front of a cafeteria located in Chungcheongnam-gun Hong-gun, Chungcheongnam-gun, Hongsung-gun, to the front of the D Innit.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Investigation report (report on the situation of running a motor vehicle at home);

1. Response to the request for appraisal;

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes attached thereto;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

On the other hand, however, the defendant's mistake is recognized, and the defendant has no specific criminal records except for a fine imposed once due to a drunk driving in the past, and the defendant's scrapping of a vehicle operated by the defendant does not be deemed to have high risk of re-offending, and all other sentencing conditions such as the circumstances leading to the crime of this case, the degree of drinking, the age of the defendant, character and conduct, and family relationship shall be determined as ordered.

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