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(영문) 대전지방법원 2020.10.30 2020고단3542

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 August 3, 2020, the Defendant driven D QM5 automobiles with approximately 500 meters alcohol concentration 0.129% under the influence of alcohol in the section from the underground parking lot for B apartment of Sejong Special Self-Governing City to the front road of Sejong Special Self-Governing City, from the underground parking lot for B apartment to the front road of Sejong Special Self-Governing City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. A traffic accident report (1) (2) (1) (2) (report on the occurrence of a traffic accident, report on the occurrence of a traffic accident, report on internal investigation (related to black image) and investigation status (verification of the distance of driving of a suspect);

1. Notification of the results of the drinking driving control, and inquiry into the results of the drinking driving control;

1. 12 reported case handling table, respectively;

1. Application of Acts and subordinate statutes to field photographs, black boxes video CDs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, 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 of the provisional payment order is an offense that may cause serious damage to the life, body, or property of another person and requires the corresponding punishment. The blood alcohol concentration at the time of the crime is 0.129% and relatively high, the defendant caused a traffic accident that shocks the three columns and parked vehicles in the apartment underground parking lot due to the drinking driving of this case, the defendant recognized the crime of this case, and reflects his mistake. The defendant is going against his own mistake. The defendant is a first offender who has no past history of criminal punishment; the defendant is a first offender who has no past history of criminal punishment; the defendant might be unemployed if the defendant is sentenced to imprisonment without prison labor or heavier punishment due to the drinking driving of this case; the defendant's age, character and conduct, family relation, motive, means, consequence, etc. after the crime of this case; and the sentence shall be determined by comprehensively taking into account all the circumstances such as the order requirements.