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(영문) 대전지방법원홍성지원 2020.09.09 2020고단489
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 October 23, 2006, the Defendant was issued a summary order of a fine of two million won for a violation of the Road Traffic Act, etc. in the Hongsung branch of the Daejeon District Court.

On March 14, 2020, at around 09:20, the Defendant driven a Cpoter II cargo vehicle while under the influence of alcohol leveling 0.074% from the 4km section from the front of the Chungcheongnam-si, Chungcheongnam-si to the same Simcheon-dong Office distance.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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. Previous convictions indicated in judgment: Criminal records, investigation reports, and application of summary order statutes 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 fact that the defendant's mistake is recognized, it is difficult to readily conclude that the risk of recidivism is high, and other various sentencing conditions such as the background of the crime in this case, the degree of drinking, the recovery and frequency of punishment due to drinking driving, the age and character of the defendant, etc., the punishment shall be determined as ordered.

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