beta
(영문) 대전지방법원 홍성지원 2021.02.17 2020고단1038

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of eight 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 September 6, 2020, the Defendant driven the EM5 car under the influence of alcohol concentration of about 0.156% in the 3km section from around September 6, 2020 to the nearest road of the C Party in the Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si. B. D.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes reporting the circumstances of driving under the liquor;

1. Relevant legal provisions and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.

However, the defendant's mistake is recognized, and the defendant has no particular criminal history except for the criminal punishment of a fine due to drinking driving in the past, and the sentencing conditions such as the circumstances of the crime of this case, the degree of drinking, the recovery and frequency of the punishment due to drinking driving, the age of the defendant, sexual behavior, etc. shall be determined as ordered.