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(영문) 대구지방법원김천지원 2020.12.09 2020고단876

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Punishment of the crime

On April 17, 2020, at around 02:55, the Defendant driven a rocketing car with the blood alcohol concentration of about 0.216% while under the influence of alcohol at about 20 meters from around Kimcheon-si to the front of Kimcheon-si.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing of the provisional payment order is highly high, but the sentencing of the instant case is determined as ordered by comprehensively taking into account all the factors of sentencing as shown in the records and arguments, including the fact that the Defendant has mistakenly acknowledged the Defendant, the fact that the Defendant is still old, the driving distance is very short, the primary offender, the circumstances leading the Defendant was driving, and the Defendant’s condition at the time of driving.