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(영문) 대전지방법원 2020.08.21 2020고단2018
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On September 19, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act.

On May 1, 2020, at around 22:25, the Defendant driven an E-motor vehicle under the influence of alcohol level of about 0.093% in a section of about 100 meters from the front of the Seo-gu Daejeon building B to the front of the DNA, Seo-gu, Daejeon.

As a result, the Defendant violated the regulations on the prohibition of drunk driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Criminal land, report on the circumstantial statement of the offender, and report on the circumstances of the offender’s driver; and

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of punishment records twice the main driving), and application of summary order-related Acts and subordinate statutes;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (in light of the danger and seriousness of harmful effects of drinking driving, the degree of blood alcohol level at the time, and the situation where the same criminal records have existed in addition to the previous conviction in the judgment, etc., the liability for the crime was heavy, the possibility of criticism was unbrupted, and the accident did not occur frequently, and the distance of driving is short, and the interval between the previous conviction in the judgment of the last same kind is relatively low, and circumstances favorable to the defendant, such as the situation in which the interval between

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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