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(영문) 대전지방법원 2020.03.26 2019고단4651

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On October 2, 2019, around 23:00, the Defendant driven an E-5 vehicle while under the influence of alcohol content of about approximately 200 meters from the Seo-gu Daejeon District Underground Parking Lot to the front road of “D” located in “D” as “D” in the Seo-gu Daejeon District, Daejeon District.

Summary of Evidence

1. Defendant's legal statement;

1. A protocol concerning the police interrogation of the accused;

1. A report on traffic accidents and a report on actual condition;

1. Application of Acts and subordinate statutes to reports on the results of the crackdown on drinking driving, reports on detection of drinking drivers, and circumstantial statements of drinking drivers;

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 punishment, and the selection of fines;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Trade Union and Labor Relations Commission Act requires strict punishment due to severe social harm to driving under the influence of alcohol, and the fact that the level of alcohol alcohol measurement in this case is very high is an unfavorable sentencing condition.

However, the circumstances that can be considered in favor of the defendant, such as the fact that the defendant made a confession, and that the defendant does not have any one that commits the same kind of crime as that of drinking or unlicensed driving in the past.

In addition, all of the sentencing conditions in the records and arguments of this case, such as the defendant's age, occupation, character and conduct, environment, background and motive of the crime, and circumstances before and after the crime, shall be determined as ordered.

It is so decided as per Disposition for the above reasons.