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(영문) 대전지방법원홍성지원 2020.09.16 2020고단589

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On July 1, 2020, around 19:54, the Defendant driven an Ek5 vehicle while under the influence of alcohol content 0.237%, from the front day of the Chungcheongnam-gun Budget B apartment to the front day of the B apartment through the D Hospital located in C, to the front day of the B apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the investigation report;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the choice of a fine for the crime, and the selection of a fine;

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 is that the Defendant’s blood alcohol concentration is very high, etc. disadvantageous to the Defendant.

However, in full view of the following factors: (a) the Defendant has recognized his mistake; and (b) the Defendant has no specific criminal records except for a fine imposed once due to driving without a license in the past; (c) the background of the instant crime; (d) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to driving without a license; and (e) the Defendant’s age, character and conduct, etc.