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(영문) 대전지방법원천안지원 2020.08.24 2020고단698
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On October 28, 2016, the defendant was issued a summary order of a fine of 2.5 million won for a violation of the Road Traffic Act (driving) in the Goyang Branch of the Jung-gu District Court on March 28, 2016.

On December 13, 2019, at least 01:35, the Defendant, while under the influence of alcohol of 0.14%, driven a f golf car at approximately 3km from the front road located in Seo-gu, Seo-gu, Seoan-gu, Seoan-gu, Seocheon-gu, Seocheon-gu, the Defendant violated the F golf car at least twice by driving it on the front road located in Dong-gu, Dong-gu, Dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, and report on the circumstantial statement of a drinking driver;

1. The scene of the accident and photographs of the suspected vehicle;

1. A traffic accident report (1) and a traffic accident report (2);

1. Previous for judgment: Application of criminal records, inquiry reports, investigation reports (Attachment of the same criminal records and summary order), and copies of the summary order Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

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

3. Reasons for sentencing an order of provisional payment.

1. The scope of punishment by law: A fine of not less than 10 million won but not more than 20 million won;

2. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. The Defendant, who was sentenced to a sentence, was punished as a drunk driving, was driving again, and thus, the possibility of criticism and social risks are high.

The blood alcohol concentration is relatively high.

These circumstances are disadvantageous to the defendant.

However, the defendant seems to have led to confession and reflect on the crime of this case.

There is no power of punishment heavier than a fine, and again, it is expected not to drive under the influence of alcohol.

In addition, the defendant's age, character and conduct, the environment, the motive and background leading to the crime, the method and mode of the crime, and the circumstances before and after the crime, etc. shall be determined as ordered in consideration of the various circumstances shown in the arguments in this case.

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