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(영문) 대전지방법원공주지원 2020.09.11 2020고단312
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

[Criminal Power] On September 4, 2009, the Defendant was issued a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act (driving) in the Suwon District Court’s Ansan Branch.

【Criminal Facts】

On June 21, 2020, the Defendant: (a) around 21:24, at the public parking lot C located in the public parking lot B, to the front road of the E restaurant located in the public parking zone D, the Defendant claimed that the drinking driving distance is about 300 meters; (b) the Defendant asserted that the drinking driving distance is about 300 meters; and even according to the record, there is no objective evidence that the drinking driving distance is about 500 meters; and (c) accordingly, the Defendant’s assertion and the charges are revised and recognized.

In the section of this, a car with the F highest alcohol level of 0.162% under the influence of alcohol was driven.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement, the report on the actual state of his driver, the investigation report (the report on the actual state of his driver), the control report, and the actual state survey report and the photograph of the accident site;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports (verification of the same kind of power);

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. On the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, the sentencing factors of the Defendant’s age, character and conduct, intelligence and environment, family relationship, motive, means and consequence of the crime, and circumstances after the crime, etc. shall be comprehensively taken into account and determined as ordered by the Disposition.

Unfavorable circumstances: The fact that a person repeatedly commits the same kind of crime even though he had already been punished for drinking driving, the blood alcohol concentration is very high, and the risk caused by drinking driving cannot be easily seen: Recognizing and against the mistake, it is against the influence of drinking driving.

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