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(영문) 대전지방법원 홍성지원 2021.03.10 2020고단1034
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 4, 2016, the Defendant was issued a summary order of KRW 1.5 million as a crime of violating the Road Traffic Act by the Jeonju District Court.

On July 4, 2020, the Defendant driven a clance car in the state of alcohol alcohol leveling to 0.05% of alcohol leveling from approximately 1 km to the Dog-ri 326-1 Dog-do Dog-si, Seo-gu, Seocheon-gu, Seocheon-gu, Incheon to the same Dog-do Dog Dog 326-1.

Accordingly, the Defendant violated Article 44(1) or 44(2) of the Road Traffic Act at least twice.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (Report on the situation of driving in the main place);

1. Previous convictions indicated in the judgment: Inquiry about criminal history and investigation reports (the same kind of force) and application of the summary order statutes attached thereto;

1. Article 148-2 (1) and Article 44 (1) of the Road Traffic Act (the point of drinking alcohol driving), and the selection of a fine concerning the facts constituting an offense;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.

However, the defendant's mistake is recognized, and the defendant has no record of being sentenced to more severe punishment than a fine due to drinking driving in the past, and other various sentencing conditions such as the circumstances of the crime of this case, the degree of drinking, the recovery and frequency of punishment due to drinking driving, the age of the defendant, sexual behavior, etc. shall be determined as ordered.

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