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(영문) 대구지방법원 서부지원 2021.01.08 2020고단1656

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On April 11, 2020, the Defendant driven a vehicle with approximately 1m alcohol level of 0.281% in blood, while under the influence of alcohol level of 0.281% in order to drive a vehicle parked in front of the Seogu, Daegu City, Seogu, Daegu. B on April 11, 2020.

Summary of Evidence

1. Application of Acts and subordinate statutes to a notice of the result of crackdown on drinking by investigation of the defendant's legal statement;

1. Relevant Article 148-2 (3) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “Criminal Procedure Act”) in the order of provisional payment led to the occurrence of the contact when the defendant drives in the state of detention is disadvantageous to the defendant.

However, considering the fact that the defendant shows the attitude of recognizing and opposing his mistake, the distance of the defendant's drinking driving is very short and some circumstances may be taken into account, the defendant has no record of criminal punishment except for minor fine and one time, and other circumstances, such as the defendant's age, sex, environment, and conditions of sentencing specified in the records of this case, shall be determined as ordered by taking into account all the circumstances, such as the defendant's age, sex, circumstances after the crime.