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(영문) 대전지방법원홍성지원 2020.10.21 2020고단768
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 13 million.

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

Reasons

Punishment of the crime

On December 21, 2012, the Defendant was issued a summary order of a fine of KRW 4 million for a violation of the Road Traffic Act, etc. in the Cheongju District Court's Assistance.

On June 10, 2020, at around 18:35, the Defendant driven a B Sti-type car under the influence of alcohol concentration of 0.185% at a section of about 5km from the road near the scam amusement park located in the front of the terminal 614-27 street in the Dong-gu, Ansan-si, Gyeonggi-do. to the road in front of the same city.

Accordingly, the defendant violated Article 44 (1) of the Road Traffic Act not less 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the Defendant committed the instant crime even though he/she had been punished for a drunk driving in the past. As such, the Defendant is disadvantageous to the Defendant, such as the nature of the instant crime is not good, and the blood alcohol concentration is very high.

However, the defendant's mistake is recognized, and the defendant has no particular criminal records except for the punishment by a fine for a drunk driving, etc. in the past, and the defendant shall determine the punishment as ordered by the order, taking into account all kinds of 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 a drunk driving, the age and character of the defendant, etc.

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