(영문) 대전지방법원홍성지원 2020.11.18 2020고단570

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(영문) 대전지방법원홍성지원 2020.11.18 2020고단570

도로교통법위반(음주운전)

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Defendant shall be punished by a fine of KRW 15 million.

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

Reasons

Punishment of the crime

On November 13, 2014, the Defendant was issued a summary order of a fine of five million won for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On April 16, 2020, the Defendant, while under the influence of alcohol at 0.146% of alcohol level, started from a place where it is difficult to identify the location below the Yancheon-dong in Chungcheongnam-si, Chungcheongnam-do, Chungcheongnam-do, and driven a motor vehicle at approximately 10 km away from the D’C’s entrance near the restaurant in the same city, at approximately 10 km.

Accordingly, the defendant violated the prohibition of drinking driving more 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. Investigation report (report on the situation of running a motor vehicle at home);

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 following factors: (a) the defendant has recognized his mistake; (b) the defendant has no particular criminal records except for a criminal punishment due to a fine for a drunk driving in the past; (c) the circumstances leading up to the crime of this case; (d) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to a drunk driving; and (e) the defendant’s age

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