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(영문) 대전지방법원 홍성지원 2021.03.24 2020고단1205
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On September 27, 2019, the Defendant was issued a summary order of KRW 3 million as a crime of violating road traffic law (drinking driving) in the Daejeon District Court's red support.

On August 24, 2020, the Defendant driven a F-string vehicle with alcohol level of 0.149% under the influence of alcohol level of 0.149%, without obtaining a driver's license from the C cafeteria parking lot located in Chungcheongnam-si B to the E cafeteria road in the same city.

Accordingly, the Defendant violated Article 44(1) or 44(2) 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. Investigation report (Report on the situation of driving in the main place);

1. The driver's license ledger;

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), Article 44 (1) of the Road Traffic Act (overtake of Drinking) concerning facts constituting an offense, and Article 152 subparagraph 1, and Article 43 of the Road Traffic Act (overtake of Unlicensed Driving) concerning facts constituting an offense;

1. Articles 40 and 50 of the Criminal Act of the Commercial Concurrent Crimes (the punishment between the crimes of violating the Road Traffic Act in each judgment and the punishment between the crimes of violating the Road Traffic Act which are heavier than the punishment provided for in the provisions of the Road Traffic Act);

1. Selection of an alternative fine for punishment;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed a second-class crime since one year has not yet passed since he/she had been punished for drinking driving in 2019, and thus, he/she committed a second-class crime, such as the nature of the crime is not very good, and the fact that the blood alcohol concentration is high is disadvantageous to the Defendant.

However, the fact that the defendant recognizes his mistake, that the defendant has no record of criminal punishment heavier than the fine due to drinking driving, that supports the child living alone, and that the vehicle is not used by the recent director.

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