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(영문) 대전지방법원 2020.02.12 2019고정1325
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On August 28, 2008, the defendant was issued a summary order of one million won or more as a crime of violating the Road Traffic Act in the support of the Daejeon District Court on August 28, 2008.

On August 21, 2019, the Defendant driven a F-II cargo vehicle at approximately 3km from around the restaurant located in Daejeon Pungdong-gu Daejeon to the front of the “E” located in Daejeon Pungdong-gu D while under the influence of alcohol of 0.082% of blood alcohol level on August 21, 2019.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A police statement prepared G;

1. Report on the occurrence of the case, report on the situation of a drinking driver, photograph, and inquiry into the results of the crackdown on drinking;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes concerning criminal records and investigation reports (Attachment to a summary order of the same case);

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant, including the first head of the crime as indicated in the judgment, had been punished several times for the same kind of crime, but the nature of the crime and the circumstances of the crime are not easy.

However, after 2010, the punishment shall be determined as ordered by taking into consideration the following circumstances, such as the fact that the defendant was well-known and well-known after 2010, the fact that the crime is recognized, drinking alcohol, the character and conduct of the defendant, and other circumstances that can be known through the pleadings in this case.

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