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(영문) 대구지방법원 영덕지원 2020.05.20 2020고정13

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

Around 21:20 on February 25, 2020, the Defendant driven Dworka car at approximately 2 km from 2km to C in front of the road located in the same Gun from the west-gun, North Yong-gun, North Yong-gun, North Yong-gun, with a blood alcohol concentration of 0.14%.

Summary of Evidence

1. Defendant's legal statement;

1. A report on investigation;

1. Report on the occurrence of a traffic accident, report on the results of the control of drinking driving, report on the circumstances of a drinking driver, report on the actual condition, and inspection report on the vehicle register;

1. Application of each statute on photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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, even though the defendant's blood alcohol concentration is considerably high at the time of driving, and there was an accident that shocks the props of traffic signs adjacent to the road. However, the punishment as ordered shall be determined by taking into account all the factors of sentencing as shown in the argument of this case, including the defendant's age, environment, character and conduct, motive, means and consequence of the crime, and circumstances after the crime, including the fact that the defendant recognized all the crimes of this case, repents and reflects his mistake, the defendant's initial offender, and sells the vehicle operated by the defendant while the defendant did not repeat the crime.