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(영문) 대전지방법원 2020.10.23 2020고단3334
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On April 4, 2017, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court.

On July 15, 2020, the Defendant had been punished for drunk driving. On July 15, 2020, at around 03:38, the Defendant driven a B SP car under the influence of alcohol alcohol concentration of 0.108%, from the front of a restaurant where the trade name in the Seosansan-dong with a large exhibition is unknown, to the Han field located within the Han field of Han field, Seo-gu, Seo-gu.

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

Summary of Evidence

1. Police suspect interrogation protocol of the defendant's oral statement;

1. On-going traffic control results, inquiry into the actual results, circumstantial statements, and investigation reports (report on the circumstances of the drinking-driving driver);

1. The register of driver's licenses for tea and cars;

1. Previous convictions in judgment: Criminal records, investigation reports (verification of criminal records of the same kind as a suspect), and application of summary order statutes;

1. Relevant statutory 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 a principal driving, the degree of blood alcohol level at the time, driving distance, previous conviction in the judgment, etc., it is deemed that the liability for the crime is grave, but it has not been taken into consideration the circumstances favorable to the defendant, such as the fact that there was no previous conviction, and that there was no other similar criminal records;

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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