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(영문) 대전지방법원 홍성지원 2020.07.22 2020고단448
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 March 7, 2014, the Defendant was issued a summary order of a fine of three million won for the crime of violating the Road Traffic Act in the Hongsung branch of the Daejeon District Court.

On April 25, 2020, at around 08:00, the Defendant driven a FMW 520d car under the influence of alcohol with approximately 100 meters alcohol concentration of about 0.10% from the front side of the red road of C Bank Hong-gun, Chungcheongnam-gun, Hongsung-gun, to the front side of D.

Accordingly, the defendant violated Article 44 (1) or (2) 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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, in full view of the fact that the defendant has recognized his mistake, the circumstances of the crime in this case, degree of drinking, recovery and frequency of punishment due to drinking driving, the age of the defendant, character and conduct, etc., the punishment shall be determined as ordered.

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