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(영문) 대전지방법원천안지원 2020.11.09 2020고단1693
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

[Criminal Power] On July 7, 2008, the Defendant received a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving) from the Daejeon District Court's Branch on July 7, 2008.

【Criminal Facts】

On June 13, 2020, the Defendant, while under the influence of alcohol at least 0.118% of blood alcohol concentration on 18:08, 00, driven a rocketing car from around 7.7km to the front road of D secondary school located in the same city C from the front of the Asan City to the D secondary school located in the same city C, and driven a drunk driver at least twice.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. Photographs of the detection site and 112 reported case processing table;

1. Investigation report (report on the circumstances of an immigration driver);

1. Previous convictions indicated in judgment: Application of one copy of the statement of criminal history records, investigation report (verification of the same kind of power), and summary order;

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

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

3. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order.

1. The scope of punishment by law: A fine of not less than 10 million won but not more than 20 million won;

2. Non-application of the sentencing criteria: The offense of violation of the Road Traffic Act as stated in the judgment is not prepared in the sentencing criteria.

3. The decision-making driving of a sentence is a crime which may bring the life of a person as well as his own, and is highly dangerous.

As stated in the ruling, the Defendant is punished as a drinking driving, but he is re-driving, and the responsibility for such crime is not less complicated.

The blood alcohol concentration is relatively high.

However, the defendant seems to have led to confession and reflect on the crime of this case.

The punishment power of the previous drunk driving is before the domination.

There is no power of punishment heavier than a fine.

In addition, the distance of drinking driving, age, character and conduct, environment, motive and circumstance leading to the crime, method and attitude of the crime, and crime.

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