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(영문) 대전지방법원 2020.05.29 2020고단1211
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On June 14, 2018, the Defendant received a summary order of KRW 2 million as a crime of violation of the Road Traffic Act from the Daejeon District Court.

On February 20, 2020, at around 03:47, the Defendant driven D Cor or a car under the influence of alcohol with approximately 0.093% alcohol concentration from the public parking lot located in Sejong B to the front road of the Cmiddle School located in the same city.

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

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of the regulation of drinking driving, inquiry into the results of the regulation of drinking driving, the circumstantial statement of drinking drivers, and investigation report (report on the circumstances of drinking drivers);

1. The application of criminal records, etc., investigation reports (a time verification of the history of punishment for drunk driving of a suspect), and statutes;

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. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. Although the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order had a record of having been punished by a fine of two million won due to a drunk driving in 2018, the blood alcohol concentration at the time of the discovery of the instant case was 0.093%, the Defendant was found to have been 0.093% at the time of the detection of the instant case. However, the punishment shall be determined as ordered by taking into account the following factors: (a) the Defendant recognized the mistake and against the Defendant; and (b) the Defendant’s age

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