logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원 홍성지원 2021.02.24 2020고단988
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On October 16, 2007, the Defendant was sentenced to a suspended sentence of two years for October 10, 2007 due to a violation of road traffic law (driving) by red support of the Daejeon District Court.

On November 7, 2020, the Defendant, while under the influence of alcohol content of 0.194% among the blood transfusion around 18:43, driving a Frost motor vehicle at approximately 5km from the front of the “C” restaurant located in Chungcheong Hong-gun B to the front of the “E” restaurant located in Hong-gun D.

Accordingly, the Defendant violated the prohibition of drinking alcohol driving regulations not less than twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. The circumstantial statement report;

1. Previous convictions: Inquiry into criminal history, confirmation of the same record and application of Acts and subordinate statutes attached thereto;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had been subject to punishment several times due to drinking driving in the past. As such, the fact that the nature of the instant crime is not good, and that there was considerable risk of causing serious accidents of human life to occur while driving in the state of exploitation, etc., are disadvantageous to the Defendant.

However, it is difficult to conclude that the Defendant’s mistake is recognized, the Defendant’s previous drinking driving of alcohol is highly likely to repeat a crime at the present time during the ten-year period prior to the end of the ten-year period, taking into account all the factors such as the background of the instant crime, the degree of drinking, the frequency and frequency of the punishment due to drinking, the Defendant’s age, and sexual behavior, etc., and the sentence shall be determined as per Disposition.

arrow