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(영문) 대전지방법원 2020.12.18 2020고정904

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

On 02:15 on 26.204.26. 02:15, the Defendant driven a fa-purd passenger vehicle from the front of the Daejeon Embian House B, to the front of the same Gu D apartment E-dong Ground Parking Lot, while under the influence of alcohol by 0.17%.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A written statement;

1. Application of Acts and subordinate statutes of the 112 Report List to the accident site photographs, the report on the circumstantial statement of a drinking driver, the investigation report (report on the circumstances of a drinking driver), the inquiry into the results of the drinking driving control, the control manual, and the 11

1. Relevant laws concerning criminal facts, and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, and 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is the first offender, and the defendant's mistake is recognized and reflected. However, if the defendant was parked while driving his vehicle, it appears that the shock at the time of the accident would have occurred when considering the damaged level of the defendant's vehicle, but the defendant was in a state of detention to the extent that he left home without being aware of the accident properly, and was unlocked as it was, taking into account all the sentencing conditions indicated in the record, such as the defendant's age, character and conduct, and environment, the punishment as the order shall be determined by taking into account the following factors.