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(영문) 대구지방법원 서부지원 2021.03.17 2020고단2277

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 5, 2020, at around 07:0, the Defendant driven a D low-speed car while under the influence of alcohol leveling 0.213% in the 17km section from the front of Daegu-gu to the front of Daegu-gu C, Daegu-gu.

Summary of Evidence

1. Application of Acts and subordinate statutes to the defendant's legal statement report on the situation of the driver who is placed in the state, investigation report (report on the situation of the driver who is placed in the state);

1. Article 148-2(3)1 and Article 444(1)1 of the former Road Traffic Act (amended by Act No. 17371 of Jun. 9, 2020), the selection of a fine for criminal facts, and the selection of a fine

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act with high alcohol level among the reasons for the sentencing of the provisional payment order is very high, the distance from the blood alcohol level is considerable, the occurrence of an accident caused by the patrol vehicle under the influence of alcohol, etc., and the facts of the crime, and the favorable circumstances such as the primary offender, and other favorable factors such as the defendant's age, sexual behavior, environment, family relationship, family environment, circumstances after the crime, and the circumstances after the crime, etc., shall be determined as the sentence as ordered by taking into account all the various factors of sentencing as shown in the records and arguments of this case.