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(영문) 대전지방법원 공주지원 2021.02.23 2020고단588
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 13 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[criminal record] On May 9, 2007, the Defendant was issued a summary order of KRW 1.5 million for a crime of violating the Road Traffic Act (drinking driving) at the Seoul Central District Court. On June 1, 2007, the Defendant was issued a summary order of KRW 1.5 million for the same crime at the Seoul East East District Court.

[Criminal facts] On October 2, 2020, the Defendant driven a burner vehicle with C lebre while under influence of alcohol exceeding 0.03% of alcohol content from the front line of the trade name in the Seosung-gu Daejeon Seo-gu, Daejeon to the front line of the Taesung-gu, Daejeon-dong to the front line of the Taesung-gu, Daejeon-dong to the extent that the Defendant was under influence of alcohol exceeding 0.03%.

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

Summary of Evidence

1. The defendant's legal statement (driving) reports, reports on the situation of the driver who takes the main place, investigation reports (report on the situation of the driver who takes the main place) on the spot photographs, and one CD;

1. Previous conviction: Application of a written inquiry about criminal history, investigation report (verification of criminal suspect's history of punishment for driving under the same Act and subordinate statutes;

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined

3. Unfavorable circumstances: The fact that the person committed the same kind of crime repeatedly even though he had already been charged two times of drinking, the fact that the person was driving the drinking while driving the drinking, and that the danger caused by the driving of drinking, such as the occurrence of a vehicle on the road, needs to be set aside, cannot be easily seen: Recognizing and reflecting the mistake, and the fact that the previous conviction of the driving of drinking

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