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(영문) 대전지방법원 홍성지원 2020.06.03 2019고단887
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 18 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On February 19, 2020, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act in the Hongsung branch of the Daejeon District Court as of February 19, 202.

On July 25, 2019, at around 15:20, the Defendant driven a B observer car under the influence of alcohol concentration of approximately 0.250% from the 70km section of the 70km Coast Highway from the front side of the west Coast Highway to the front side of the west Coast Highway in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-do.

Accordingly, the defendant, even though he had a power to drive a motor vehicle while under the influence of alcohol, was driving a motor vehicle again under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Previous convictions: Criminal records, investigation reports, indictment attached thereto, and application of Acts and subordinate statutes of the corresponding case inquiry;

1. Relevant legal provisions concerning facts constituting an offense, Articles 148-2 (1) and 44 (1) of the Road Traffic Act, the choice of fines, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with regard to a provisional payment order is that the defendant re-driving a motor vehicle without any awareness of any particular crime even though he was found to have driven a motor vehicle while driving the motor vehicle. Thus, the nature of the crime of this case is not very good.

Furthermore, it is judged that the danger of crime is very large by driving on an expressway over a long time.

However, in full view of the following: (a) the Defendant recognized his mistake; (b) the Defendant was a primary offender who had not been subject to any criminal punishment at the time of the instant crime (a) and the circumstances of the instant crime, including the background of the instant crime, the age, character and conduct of the Defendant; and (c) the circumstances after the instant crime, etc., the sentence shall be determined as per Disposition.

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