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(영문) 대전지방법원 2020.11.05 2020고정816

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

At around 15:55 on May 31, 2020, the Defendant driven a F New EF Lasta car with approximately KRW 300 meters from the parking lot in Seo-gu Daejeon to the front of the water surface in Seo-gu Daejeon, Daejeon, while under the influence of alcohol level of 0.167%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the police protocol G of the police interrogation protocol against the defendant, such as traffic accident investigation report, traffic accident scene photographs, accident site photographs, report on detection of the host driver, and circumstantial report of the host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 a crime, the blood alcohol concentration of the defendant is high, and the distance of the defendant's driving is short, and it is not easy that the nature of the crime and the criminal administration of the defendant's driving caused physical damage while driving a drunk.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

In addition, human damage was not caused due to the crime of this case, physical damage was caused, but the degree of damage is minor, and the victim does not want the punishment of the defendant.

On the other hand, there is no record of criminal punishment against the defendant except for a fine imposed once on the violation of the Military Service Act in 2013.

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.