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(영문) 대전지방법원 2020.04.02 2020고정56

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

Around 04:10 on October 6, 2019, the Defendant driven a motor vehicle by re-conditioning approximately one meter from the road front of the convenience store in Seo-gu Daejeon, Daejeon, while under the influence of alcohol of 0.134% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the survey report on actual condition, the results of the control of drinking and driving, the report on the circumstantial statements of a drinking driver, and the registration of the vehicle loaded on the vehicle under consideration;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order requires a punishment corresponding to the crime that may cause serious damage to another person's life, body and property.

At the time of committing the instant crime, the Defendant’s blood alcohol concentration was high, and the Defendant caused a traffic accident to cause physical damage.

However, the defendant recognized the crime of this case and reflected his mistake.

The distance of the defendant's driving is shorter.

The crime of this case caused the traffic accident, but the personal damage did not occur frequently, and it seems that the physical damage would be compensated by the motor vehicle comprehensive insurance in which the defendant joined.

On the other hand, the defendant is an initial criminal who has no criminal record.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, the punishment as ordered shall be determined.