(영문) 대전지방법원홍성지원 2020.08.12 2020고단353

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(영문) 대전지방법원홍성지원 2020.08.12 2020고단353

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On February 11, 2019, the Defendant was issued a summary order of KRW 1,50,000 for a fine for violation of the Road Traffic Act, etc. in the Hongsung Branch of Daejeon District Court.

On March 29, 2020, at around 00:50, the Defendant driven an E K7 vehicle while under the influence of alcohol 0.038% in a section of about 7km from the frontway in Chungcheongnam-gun Hong-gun B to the frontway in the same armed forces D.

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. Before judgment: Criminal records and investigation reports, and application of Acts and subordinate statutes of a summary order 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.

However, in full view of the following factors: (a) the defendant has recognized his mistake; (b) the defendant has no specific criminal records, except for a criminal punishment once by a fine; (c) the circumstances leading up to the crime of this case; (d) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to drinking driving; and (e) the age and character and conduct of the defendant,

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