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(영문) 대전지방법원 천안지원 2020.04.14 2020고정66
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12 million won.

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

Reasons

Punishment of the crime

On July 31, 2008, the Defendant received a summary order of KRW 2 million as a fine for a violation of the Road Traffic Act in the support of water supply and mountain support.

On November 20, 2019, around 23:20 on November 20, 2019, the Defendant driven a DNA car with approximately approximately KRW 150m distance from the front of the construction site in Seocho-gu, Western-gu B to the second apartment underground parking lot in the same Gu, the blood alcohol concentration of approximately 0.215%.

As a result, the Defendant again driven a motor vehicle while under the influence of alcohol, who has violated the prohibition clause on drinking at least once.

Summary of Evidence

1. Defendant's legal statement;

1. Report on circumstantial statements of a drinking driver, and notification of the result of crackdown on drinking driving;

1. A written appraisal of blood alcohol;

1. Previous convictions indicated in judgment: Application of criminal records, reply reports, investigation reports, and Acts and subordinate statutes;

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

Although the defendant had a previous record before about 12 years, even though he had already been punished for a drunk driving, he was engaged in a drunk driving, and the defendant's blood alcohol concentration is considerably high.

However, the defendant recognizes his wrongness.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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