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(영문) 대전지방법원 2020.05.29 2020고정389
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On September 14, 2007, the Defendant was sentenced to a fine of 700,000 won for the crime of violation of the Road Traffic Act at the Daejeon District Court on September 14, 2007, and was sentenced to a fine of 1 million won for the crime of violation of the Road Traffic Act at the Daejeon District Court on October 10, 208.

At around 04:50 on June 22, 2019, the Defendant driven the E-benz car from around 200 meters away from the road front of the cafeteria located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, to the front road of the D, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. A written statement;

1. The offender's place, the 112 Reporting Report, the record of enforcement, the report on the circumstantial statement of a drinking driver, the circumstantial report of a drinking driver, the inquiry into the records of the control of drinking driving, the report on detection of a drinking driver, and the investigation report;

1. The register of driver's licenses, and making inquiries into the car register;

1. A written appraisal (the blood alcohol concentration);

1. Previous convictions indicated in judgment: Criminal records, previous records of disposition and report on the results thereof, and application of summary order statutes;

1. Article 148-2 (2) 2 and Article 44 (1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018; Act No. 16037, Jun. 25, 2019); the selection of a fine for a crime;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. Summary order and the opinion of old prosecution: Fine of 10,000,000 won; and

2. Determination of sentence: The crime of this case committed by the Defendant with a fine of KRW 8,00,000 is deemed to have been driven under the influence of alcohol despite the fact that the Defendant had been punished for driving under the influence of alcohol, which is disadvantageous to the Defendant, such as the danger and the seriousness of the harmful effects of drunk driving, the blood alcohol concentration level at the time, and the circumstances where the same criminal record as the judgment was

However, the defendant's error is divided in depth, the distance of operation is relatively long, and the distance between the last criminal record is relatively long.

Therefore, the defendant is sentenced to a more minor fine than a summary order.

The age, age, and age of the defendant.

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