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(영문) 대전지방법원천안지원 2020.09.07 2020고단1518
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

[Criminal Power] On June 11, 2012, the Defendant was sentenced to a summary order of KRW 6 million due to a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch of the Incheon District Court, and on September 6, 2012, sentenced to a fine of KRW 4 million due to the same crime, etc. on September 6, 2012. On October 11, 2013, the Defendant was sentenced to six months of imprisonment with labor for the same crime, etc.

【Criminal Facts】

Although the Defendant had been subject to three times punishment for violation of the Road Traffic Act (driving) as above, on May 22, 2020, the Defendant driven a epic vehicle with 3 km of 0.062% alcohol level from the roads near Dong-gu, Dong-gu, Chungcheongnam-gu, Seoul to the roads front of Dong-gu, Yandong-gu, Yandong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A statement of the occurrence of a traffic accident prepared by the F;

1. Notification of the results of the drinking driving control and the review of the results of the drinking driving control;

1. The circumstantial statement of the employee;

1. An accident site photograph or an accident image photograph;

1. Investigation report (Report on the status of an employee);

1. Previous records of judgment: Application of criminal records, inquiry records, case inquiry and judgment, or copy of summary order (3 cases);

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. Not applying the sentencing criteria: The sentencing criteria are not yet prepared for the crimes of violating the Road Traffic Act;

3. Even though the Defendant, who was sentenced to punishment repeatedly in 2012 and 2013, was sentenced to imprisonment for a drunk driving, the Defendant is not subject to the punishment for repeating a drunk driving as stated in its reasoning.

Moreover, on September 13, 2018, the Defendant was sentenced to one year of imprisonment for a violation of the Act on the Control of Narcotics, Etc. at the Seoul Central District Court on September 13, 2018, and was sentenced to one year in a detention house on May 13, 2019.

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