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(영문) 대전지방법원 천안지원 2020.02.05 2019고단2744
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 23, 2012, the Defendant received a summary order of KRW 700,00 from the Seoul Northern District Court to a fine for a violation of the Road Traffic Act.

On October 14, 2019, at around 23:23:23, the Defendant driven a FM3 car at approximately 434 meters from the Do in front of the cafeteria in the Asan City B to the e-road in the Asan City D, while under the influence of alcohol by 0.091% of the blood alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the statement of the situation of a drinking driver, investigation report (report on the status of a drinking driver), and inquiry into the results of the crackdown on drinking driving;

1. Previous records of judgment: Criminal records, inquiry reports, and application of Acts and subordinate statutes to investigation reports;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order is determined as ordered in consideration of the fact that the defendant was punished for a violation of the Road Traffic Act even though he had the record of driving under the influence of a fine, the blood alcohol concentration of this case is high, and the defendant is recognized to commit the crime.

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