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(영문) 대전지방법원 논산지원 2020.06.12 2020고단155
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On January 2, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act in the Daejeon District Court Seosan Branch.

On February 23, 2020, at around 23:20, the Defendant driven C Freight Vehicles while under the influence of alcohol 0.144% in the section of approximately 50cm of the road in front of the B Apartment Building, Chungcheongnam-gun, Chungcheongnam-do.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. Application of the results of inquiry, such as criminal records, and investigation reports (attached to a summary order of the same attached 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 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. On the ground of sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order, consideration of the defendant's blood alcohol concentration, alcohol driving distance, and previous records of driving under influence at the time of driving under the instant case, but consideration of the defendant's mistake and reflectability is given in favor of the defendant.

In addition, the defendant's age, character and conduct, criminal records, environment, circumstances, and circumstances after committing the crime, etc. shall be comprehensively considered to determine the punishment as ordered.

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