(영문) 대전지방법원홍성지원 2020.12.16 2020고단752

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(영문) 대전지방법원홍성지원 2020.12.16 2020고단752

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 30, 2013, the Defendant was issued a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act, in the Hongsung branch of the Daejeon District Court.

On August 1, 2020, the Defendant, as a person with the power of violating Article 44(1) of the Road Traffic Act, driven a motor vehicle with DNA alcohol concentration of approximately 0.128% in a section of about 10km from the front of the “C cafeteria” in the Chungcheongnam-gu, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do to the movable property shooting distance.

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. 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 of the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order committed the crime of this case even though he had the record of being punished for the previous drunk driving. The fact that the crime of this case is not good and that the police dispatched after receiving a report that the drinking driving is suspected, was discovered by the police, and that it was a dangerous state to the extent that normal driving was impossible because the blood alcohol concentration was high at the time of detection.

However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no criminal records of criminal punishment heavier than the fine; and (c) the defendant has no criminal records of the crime in this case; and (d) the details of the crime in this case; (b) the degree of drinking alcohol; (c) the recovery and frequency of punishment due to drinking driving

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