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(영문) 대전지방법원 2020.05.29 2020고단1314
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On May 4, 2010, the Defendant was sentenced to a fine of KRW 1.5 million by the Daejeon District Court for a violation of the Road Traffic Act.

On March 2, 2020, at around 00:46, the Defendant driven a faldi vehicle in the section of the section of the Act on the Management of Land, Infrastructure and Transport, which is located in the same Gu from the street in the middle of Daejeon to the street in the same Gu from the subway station in the middle of Daejeon to the street in the front of the E secondary school in the same Gu, from around 700.

As a result, the Defendant driven a car under the influence of alcohol not less than twice in violation of the prohibition of driving under the influence of alcohol.

Summary of Evidence

1. Defendant's legal statement;

1. Notice of the results of the control of drinking driving, report on the circumstances of drinking drivers, investigation report (report on the circumstances of drinking drivers), circumstantial report on drinking drivers, and report on the results of the control of drinking driving;

1. Application of Acts and subordinate statutes of the summary order against criminal records, etc., Daejeon District Court 2010 high-ranking 48555;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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 of the provisional payment order, despite the fact that the defendant had been punished by a fine of KRW 1.5 million due to drinking driving in 2010, a drinking driving in the instant case led to the Defendant’s drinking operation. At the time of the detection of the instant case, at the time of the detection, the Defendant was in a drinking state to the extent that he was diving with driving in the middle of the road. However, the fact that the Defendant recognized the mistake and reflects it, and all other sentencing conditions indicated in the record, such as the Defendant’s age, character, character

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