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(영문) 대전지방법원 2020.01.10 2019고단4417
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 January 18, 2008, the Defendant received a summary order of a fine of three million won for a crime, such as violation of the Road Traffic Act, at the Daejeon District Court.

On October 10, 2019, the Defendant driven a motor vehicle with D 1km from the front side of the Daejeon Pungdong B hotel to the same Crist, while under the influence of alcohol 0.112% of alcohol level around 23:10 on October 23:10.

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

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of a drinking driver, investigation report, and report on the results of the crackdown on drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order recognize and reflects the defendant's mistake. However, even though the defendant had been punished by a fine of KRW 3 million due to drunk driving in 2008, he/she reached the driving of the instant case. The blood alcohol content at the time of driving the instant case was 0.112%, and all other sentencing conditions recorded in the records, such as the defendant's age, character, conduct and environment, shall be determined as ordered by the order.

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