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(영문) 대전지방법원 2019.11.22 2019고단3872
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 4, 2016, the Defendant received a summary order of a fine of two million won for a crime of violation of the Road Traffic Act from the Daejeon District Court.

On August 25, 2019, at around 00:10, the Defendant driven a e-motor vehicle owned by the Defendant under the influence of alcohol content of approximately 0.036% in the section of approximately 700 meters from the roads near the Seo-gu, Daegu to the “D store” road in the same Gu C.

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

Defendant

Since there is no infringement of the right of defense of the counsel, the crime was corrected by adding it to the law to clarify the purpose.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Reporting on detection of any case of the violation of the Road Traffic Act, inquiry into the results of the regulation of drinking and driving, report on the circumstantial statements of the drinking drivers, and report on the situation of the drinking drivers;

1. Registers of driver's licenses;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (Attachment of a summary order), and application of summary order statutes;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act for discretionary mitigation (in light of the danger and seriousness of the harmful effects of a drunk driving, the liability for the crime is unlimited, the error is remarkably divided, the degree of blood alcohol concentration at the time is relatively low, the distance of a drunk driving was shorter, the accident did not occur, and the circumstances favorable to the situation, other than the previous conviction, have no criminal records);

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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