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(영문) 청주지방법원영동지원 2020.10.15 2020고단131

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

On June 12, 2020, at around 03:50 on June 12, 2020, the Defendant driven a F-to-purd passenger vehicle with blood alcohol concentration of about 0.225% in the section of approximately 2 km from the Do in front of C in the Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the roads of D apartment E-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the CD-related Acts and subordinate statutes to the traffic accident report, the fact-finding report, the investigation report, the investigation report on apartment CCTV image data;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is one of the important factors that increase the risk of traffic accidents, and the frequency of occurrence of accidents is high, thereby causing a huge threat to the life, body, etc. of not only the drinking driver himself/herself but also other people. As the social damage caused by the drinking driving increases, it is necessary to bear strict responsibility for the drinking driver.

In particular, the Defendant caused a traffic accident as a result of the instant crime, and the instant crime was committed by the Defendant on November 8, 2019, due to the crime of interference with business and damage to public goods, which was committed by the Defendant under the influence of alcohol on November 8, 2019, and was sentenced to two years of suspension of execution for six months in the Youngju District Court’s Young-dong Branch, which was sentenced to two years of suspension of execution on February 14, 2020, and the said judgment became final and conclusive on February 14, 2020, and thus, the Defendant

However, the defendant voluntarily surrenders to 112 reports immediately after the occurrence of a traffic accident, and the crime of this case is against the victim.

The traffic accident caused by the defendant was destroyed by a parked motor vehicle.

Although the defendant has been punished several times by the suspension of the execution of imprisonment, he has no record of punishment for the same kind of crime.

In addition, the defendant's age, character and behavior;