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(영문) 대전지방법원 공주지원 2021.03.30 2021고단45
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

[Power of crime] On November 3, 2006, the Defendant was issued a summary order of 1.5 million won as a crime of violating the Road Traffic Act (driving) at the Daejeon District Court on November 3, 2006.

[2] On August 2, 2020, the Defendant driven a E- low-income vehicle under the influence of alcohol with approximately 140 meters alcohol concentration 0.090% in a section of approximately 140 meters from the front of the Cju store located in Chungcheongnam-gun, Chungcheongnam-gun, Cheongyang-gun, Cheongyang-gun, to the front road of the Cheongyang-gun, Chungcheongnam-gun.

Accordingly, the Defendant violated the duty of prohibition on driving under the influence of alcohol not less than twice.

Summary of Evidence

1. The defendant's legal statement F of the police statement record, the statement report on the situation of the driver placed in the police and the investigation report (the report on the situation of the driver placed in the police) related photographs; and

1. Previous convictions in judgment: Application of an inquiry letter, such as criminal history, and an investigation report (verification of the same criminal records as the suspect);

1. Relevant Article of the Act and Articles 148-2 (1) and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act with regard to the order of provisional payment are as follows: (a) comprehensively taking into account all the factors of sentencing as shown in the records and trial process of the instant case, including the following circumstances and the Defendant’s age, sexual conduct, intelligence and environment, family relationship, motive, means and consequence of the commission of the crime, and the circumstances after the commission of the crime, the sentence shall be determined

Unfavorable circumstances: The fact that a person has already been punished for driving under drinking but repeatedly commits the same kind of crime; the fact that the person's previous record of driving under drinking has repeatedly committed the same kind of crime; the fact that the person's previous record of driving under drinking cannot be easily seen as a danger caused by driving under drinking: the fact that the previous record of driving under drinking occurred 14 years

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