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(영문) 대전지방법원 2020.08.14 2020고단1209
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 April 7, 2010, the Defendant received a summary order of KRW 4 million due to a violation of the Road Traffic Act (driving) from the Youngju District Court’s Young-dong branch.

On February 28, 2020, at around 23:35, the Defendant driven CMW 330i car while under the influence of alcohol 0.155% in a section of about 6 km from the 23:35m to the cMW 330m car, where it is distributed in Chungcheongnam-gu, Chungcheongnam-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Control note, report on the results of the drinking driving control, inquiry into the actual results, report on the circumstantial statement of a drinking driver, circumstantial report on the driving status of a drinking driver, report on the driving status of a drinking driver, report on the 112 reported case register, and investigation report (verification of the distance of a drinking driving);

1. Registers of driver's licenses and mandatory insurance;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment to a summary order of the same attached power), and application of summary order statutes;

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

1. In light of the severity of danger and harm of a drunk driving and the seriousness of its harmful effects under Articles 53 and 55(1)6 of the Criminal Act for discretionary mitigation, blood alcohol concentration at the time, driving distance, etc., the liability for the relevant crime was unfreshed, the depth of the mistake did not occur, and the accident did not occur, and the person who drinks as a nurse at a medical treatment and detention center after drinking alcohol;

As a result of the court's sentencing investigation, the head of the nursing division of the Medical Treatment and Custody Center shall work in good faith and with a sense of responsibility when the defendant works in good faith when he is found to have had no criminal records except for the above previous convictions, and even if he is expected to have a mental and nurse's occupational difficulty, there is a clear social relation, such as situations where there is no criminal records, the lack of nurse status of the medical treatment and detention center, the lack of nurse status of the medical treatment and detention center, and the sincere work for the mental and nurse.

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