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(영문) 대전지방법원논산지원 2020.09.08 2020고단253
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On February 27, 2014, the Defendant received a summary order of a fine of KRW 3 million for a violation of the Road Traffic Act, from the Daejeon District Court Seosan Branch.

On May 5, 2020, at around 01:05, the Defendant driven C Lasta car with approximately 3km alcohol concentration of about 0.120% in the section of about 3km from the front of the cafeteria in the mutually aesthetic mar, Chungcheongnam-gun, Chungcheongnam-gun to the intersection of salt in the same Eup.

As a result, the defendant violated the prohibition of drunk driving more than twice.

Summary of Evidence

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

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry reports, such as criminal records, and investigation reports (attached to summary orders issued on the same attached military unit);

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 with respect to the provisional payment order is two times the same fines prior to the same offense, and the blood alcohol concentration at the time was also significant.

The fact that the defendant has the intention to mislead himself/herself and reflects his/her mistake, there is no other penalty power than the previous offense, and the fact that the accident has not occurred frequently shall be considered in light of the circumstances favorable to the defendant.

In addition, considering the following circumstances, such as the defendant's age, character and behavior, attitude of life, environment, details of crime, circumstances after crime, etc., the punishment as ordered shall be determined.

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