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(영문) 대전지방법원 2018.10.10 2018고단2722
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On September 5, 2008, the Defendant issued a summary order of one million won to a fine for a violation of road traffic law at the Daejeon District Court on December 13, 201, a summary order of two million won to a fine for a violation of road traffic law at the Daejeon District Court on December 13, 2010, and a summary order of three million won for a violation of road traffic law at the Daejeon District Court on December 27, 2010, respectively. On October 5, 2016, the Defendant issued a summary order of a fine of three million won for a violation of road traffic law at the Daejeon District Court on December 27, 201, and the said sentence became final and conclusive on August 13, 201.

On May 3, 2018, the Defendant driven a Dpoter II cargo vehicle while under the influence of alcohol content of about 0.176% in the blood on the front of the cafeteria “C” cafeteria located in the Daeak-gu, Seoul Special Metropolitan City on May 3, 2018.

Accordingly, the defendant, who violated the prohibition of drinking alcohol driving regulations not less than twice, was driving again.

Summary of Evidence

1. Statement by the defendant in court;

1. E statements;

1. A traffic accident report (1) (2) a survey report, an inquiry into the results of crackdown on the driving of alcohol, and a statement of the circumstances of the driver in charge;

1. Previous records: The results of inquiry and the application of Acts and subordinate statutes to investigation reports (Attachment to the same case’s judgment);

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment in light of the fact that the defendant was punished four times due to drinking, high drinking level, and is a crime during the period of suspension of execution.

However, in consideration of the fact that the defendant is against himself, the period of suspension of the same crime is not less than 8 years, and the drinking power is more than 8 years, the driving distance is extremely short and is not leading to a human life accident, the decision is delivered as the disposition.

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