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(영문) 대전지방법원 2020.11.13 2019고단3478
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 December 26, 2013, the Defendant received a summary order of KRW 3 million as a crime of violating the Road Traffic Act from the Daegu District Court.

On August 28, 2019, at around 20:10, the Defendant driven a B NAS car under the influence of alcohol content of about 2 km from the bus platform located in the sub-committee of the sub-committee of the Sejong River to the front side of the bus platform located in the same side of the road.

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

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Criminal land, notification of the results of the regulation on drinking driving, inquiry into the results thereof, report on the circumstantial statements of drinking drivers, and report on the circumstances of drinking drivers;

1. The register of driver's licenses, and making inquiries into the car register;

1. Previous convictions indicated in judgment: Criminal records, investigation reports (verification of previous convictions), and application of summary order-related Acts and subordinate statutes;

1. Relevant statutory provisions concerning criminal facts, Articles 148-2 (1) and 44 (1) of the Road Traffic Act of the choice of punishment, the selection of a fine (in light of the danger and seriousness of harmful effects of drinking driving, the degree of blood alcohol level at the time, driving distance, etc., the liability for the crime is heavy, and the criminal records are likely to be subject to criticism, etc., and the circumstances are deemed disadvantageous to the defendant, but the defendant was recognized, but the mistake has not been remarkably divided, the accident did not occur, and the circumstances favorable to the defendant, other than the criminal records in the judgment, have no criminal records)

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

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

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