beta
(영문) 대전지방법원 2019.11.28 2019고정546

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On July 9, 2018, at around 20:22, the Defendant driven a D car about 2.7 km from the discharge to the front day of the Daejeon Dong-gu, Daejeon-dong, with a blood alcohol content of 0.238%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. E statements;

1. Application of Acts and subordinate statutes to traffic accident reports, accident-related photographs, and reports on detection of drinking drivers;

1. Relevant laws concerning criminal facts, Articles 148-2(2)1 and 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the choice of fines, etc.

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.

It caused an accident that leads to the shock of the letobane which was parked.

The blood alcohol concentration is very high and the driving distance is not short.

However, there are no criminal records of the same kind.

The sentencing conditions, such as the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account all the sentencing conditions as shown in the arguments, including equity with the punishment examples of the same or similar incidents.