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(영문) 대전지방법원 2020.01.16 2019고단4321
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On September 20, 2010, the Defendant was issued a summary order of KRW 1.5 million by the Changwon District Court due to a violation of the Road Traffic Act.

On August 13, 2019, at around 22:18, the Defendant started from the area near Seo-gu Daejeon, Seo-gu, Seo-gu, and driven a vehicle for passenger use with a blood alcohol concentration of about 0.14% under the influence of alcohol level of about 100 meters from the area of about 100 meters to the front of the E in the world.

Accordingly, the defendant violated the prohibition of drinking driving more than twice.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. A statement on criminal records, etc.;

1. Application of the statutes on the summary order;

1. Relevant provisions of Article 148-2 (1) and Article 44 (1) of the Road Traffic Act, the selection of fines for criminal facts;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, even though the defendant had the record of being punished once due to drunk driving, the crime of this case is again committed, the level of drinking alcohol measuring is considerably high, the social harm to drunk driving is so great that it is necessary to punish it strictly, and the defendant's confession and reflect that he would not drive under the influence of alcohol again, and the defendant would not drive under the influence of alcohol again, with favorable circumstances, such as the defendant's occupation, age, character and behavior, environment, circumstances, motive and motive of the crime, circumstances before and after the crime, etc., shall be considered together, and the sentence shall be determined as per the order, taking into account all the sentencing conditions as shown in the records and arguments of this case, including the defendant's occupation, age, character and behavior, circumstances, etc.

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