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(영문) 대구지방법원 2020.05.20 2020고정271

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 October 17, 2019, at around 04:56, the Defendant driven a D Copid sport car in the state of alcohol concentration of approximately 500 meters up to the front road of B apartment C-dong, in the direction of alcohol concentration of about 0.136%.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement of E and F;

1. Report on the circumstantial statement of a drinking driver, investigation report, inquiry into the results of crackdown on drinking driving, application of the driver's license ledger of automobiles, and application of the Acts and subordinate statutes of the next car inquiry;

1. Relevant Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The sentencing criteria shall not apply because a fine has been selected;

2. On September 25, 2018, a citizen, who suffered a traffic accident due to drinking driving, was placed in a brain-dead state and eventually, a case of loss of life occurred.

Due to this case, our society's awareness about drinking driving has increased, and the following national consensus has been formed.

The driving of a motor vehicle(including a motorcycle) itself carries the risk of a traffic accident.

Accordingly, the law imposes various obligations to prevent traffic accidents and to ensure safe driving on drivers such as motor vehicles.

Driving in drinking condition is an act of increasing the above risk of driving.

Since drinking driving leads to the occurrence of serious damage to human life, the illegality of drinking driving itself should be seriously assessed.

Inasmuch as the risk of a traffic accident is extremely high solely on the ground that there was no serious loss of human life as a result of a drunk driving, the illegality of a drunk driving shall not be reduced to a level of loss or under-assessment.

The result of this social consensus is an amendment to legislation.