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(영문) 대전지방법원홍성지원 2020.09.16 2020고단387

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 15 million.

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On April 18, 2020, at around 14:03, the Defendant driven C SP car while under the influence of alcohol 0.228% in a section of about 100 meters from the front of the deaf house near the Chungcheongnam-gun, Chungcheongnam-gun, Seoul, to the above community hall.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the result of crackdown on drinking driving;

1. The circumstantial statement of the employee;

1. Application of Acts and subordinate statutes to the investigation report;

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

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 that the defendant re-driving a motor vehicle even though he/she had been punished several times due to drinking driving in the past, and the nature of the crime is not good, and that the blood alcohol concentration is very high, etc. are disadvantageous to the defendant.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) the driving distance was relatively long; (c) the background of the instant crime; (d) the degree of drinking alcohol; (d) the recovery and frequency of punishment due to drinking driving; and (e) the age and character of the Defendant, etc., the sentence shall be determined as ordered.