(영문) 대전지방법원 홍성지원 2020.05.20 2020고단170

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(영문) 대전지방법원 홍성지원 2020.05.20 2020고단170

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of 12 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 October 2, 2008, the Defendant was issued a summary order of 1.5 million won or more as a fine for a violation of the Road Traffic Act, and on January 18, 2010, a fine of 4 million won or more as a fine for a violation of the Road Traffic Act, in the Hongsung Branch of the Daejeon District Court on January 18, 2010.

As above, the Defendant, as a person with the power of violating Article 44(1) or (2) of the Road Traffic Act, driven the EM6 vehicle under the influence of alcohol from around 3 km to about 0.129% of blood alcohol concentration from the front parking lot of the Chungcheongnam-gun budget-gun B apartment Cdong, and from around 22:30 on January 5, 2020 to the front road.

Accordingly, the defendant violated Article 44 (1) or (2) 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. 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 of the provisional payment order, committed the instant crime even though he/she had the record of being punished several times due to drinking driving 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 has recognized his mistake; (b) the defendant has no record of criminal punishment heavier than the fine; (c) the circumstances of the crime of this case; (d) the degree of drinking alcohol; (d) the recovery and frequency of the punishment due to drinking driving; and (e) the age and character of the defendant, etc.

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