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(영문) 대전지방법원 서산지원 2020.01.09 2019고단960
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On August 10, 2006, the Defendant received a summary order of KRW 1 million as a crime of violation of the Road Traffic Act in the Sungnam Branch of Suwon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On August 22, 2019, at around 20:30, the Defendant driven a FK7 car under the influence of alcohol with approximately 70 meters alcohol concentration of about 0.040% from the C parking lot located in Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si to the front road located in Chungcheongnam-si, Chungcheongnam-si.

Accordingly, the defendant violated the prohibition of drinking driving twice.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of the drinking driving control;

1. The circumstantial statement of the employee;

1. Photographs related to the measurement of drinking;

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (a summary order attached to the same type of power);

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

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant, as stated in its reasoning, has a record of being punished by a fine for drunk driving in 2006, and that he/she once drives under the influence of alcohol, his/her responsibility for the crime

However, considering the favorable circumstances, such as the fact that the defendant's mistake and reflects, there is no other punishment force except the above previous conviction, that the drinking water of this case is lower than 0.040%, that it does not reach a traffic accident, that the distance of drinking driving is not long, etc., the punishment shall be determined as ordered by taking into account all the factors of sentencing as shown in the arguments, including the defendant's age, character and conduct, environment, motive for the crime, and circumstances after the crime.

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