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(영문) 대전지방법원논산지원 2020.10.20 2020고단366
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On February 5, 2009, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On June 4, 2020, the Defendant, while under the influence of alcohol 0.102% of blood alcohol level around 04:54, driven a 6km knife in the direction of the Eland from the front of the D cafeteria near the Crin-si in Seosan-si to the Yaegrogian road in the direction of about 6km in the Yag-si.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less than twice.

Summary of Evidence

1. Notification of the defendant's legal statement and the control of drinking driving;

1. An inquiry inquiry report, including criminal records of the situation statement report of a host driver;

1. Application of Acts and subordinate statutes of summary order;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the order of provisional payment is that the defendant's blood alcohol density, the distance of drunk driving, the contents and time of his previous offense, occurrence of a traffic accident, and the age, character and conduct, criminal record, relationship of criminal offense, environment, circumstances after the crime, etc. are considered in light of all the circumstances shown in the arguments of this case.

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