beta
(영문) 대전지방법원홍성지원 2020.10.28 2020고단756

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 June 24, 2020, at around 17:05, the Defendant driven a E SP car in the state of alcohol alcohol concentration of about 0.209% from the front road of the “C” located in the Chungcheongnam-gun Hong-gun B to the front road of the Chungcheongnam-gun budget-gun D.

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 defendant, on the ground of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he/she had been punished for driving under the influence of alcohol in the past, and the quality of the instant crime is not good.

However, in full view of the fact that the defendant's mistake is recognized, there is no record of punishment for drunk driving for not less than 10 years prior to the crime of this case, and the circumstances of the crime of this case, the degree of drinking alcohol, the recovery and frequency of punishment due to drunk driving, the age and character of the defendant, etc., the punishment as ordered shall be determined.