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(영문) 대전지방법원 홍성지원 2021.03.24 2020고단894
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On June 11, 2015, the Defendant was issued a summary order of a fine not exceeding four million won due to a violation of road traffic law in the Daejeon District Court's red support.

On August 27, 2020, the Defendant driven CK5 car at a section of about 20 meters from the parking lot of the building B in Chungcheongnam-si, Chungcheongnam-gu, Chungcheongnam-si to the front road of the building B while under the influence of alcohol level of 0.152% during blood transfusion around 23:00.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. A report on investigation;

1. Previous conviction: Inquiry about criminal history, confirmation of the same kind of force, and application of the summary order attached thereto;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant committed the instant crime even though he/she had the record of being punished for driving under drinking in the past, and at the same time, he/she committed the instant crime. The fact that the nature of the instant crime is not good, and that the Defendant was in a state of spreading at the time of detection is disadvantageous to the Defendant.

However, the defendant's mistake is recognized, and the defendant has no particular record of crime except for the punishment of a fine for driving under the influence of alcohol once in the past, and the punishment is determined as ordered by taking into account all the sentencing conditions, such as the circumstances leading to the crime of this case, the degree of drinking, the recovery and frequency of punishment due to driving under drinking, the age of the defendant, and sexual behavior.

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