(영문) 대전지방법원 홍성지원 2020.05.18 2020고단114

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(영문) 대전지방법원 홍성지원 2020.05.18 2020고단114

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On May 15, 2008, the Defendant was issued a summary order of one million won of a fine for a violation of the Road Traffic Act in the Seosan Branch of the Daejeon District Court on May 15, 2008, and a summary order of one million won of a fine for the same crime from the Hongsung Branch of the Daejeon District Court on June 1, 2009.

On December 29, 2019, the Defendant, while under the influence of alcohol with 0.053% of alcohol concentration in blood on December 29, 2019, driven an EM7 car from “C” to “C” located in Chungcheongnam-gun Hong-gun to the Defendant’s residence located in Chungcheongnam-gun budget D.

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

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. Investigation report (report on the situation of running a motor vehicle at home);

1. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of each relevant summary order attached thereto;

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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, in full view of the following factors: (a) the Defendant has recognized his mistake; (b) the Defendant has no criminal records subject to the punishment heavier than the past fine; and (c) the circumstances leading to the instant crime; (b) the degree of drinking alcohol; (c) the recovery and frequency of the punishment due to drinking driving; and (d) the Defendant’s age and character, etc.,

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