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(영문) 대전지방법원 2021.01.29 2020고단5216

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12,000,000 won.

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

Reasons

Punishment of the crime

On November 19, 2020, the Defendant driven a B-car under the influence of alcohol content of 0.2% during blood transfusion at around 21:30, and operated a approximately 500m section to the nearest road in Seo-gu Daejeon, Daejeon, on the roads of “F” located in Seo-gu, Daejeon.

Summary of Evidence

1. Statement by the police concerning the defendant's statutory statement G;

1. The circumstantial report of the driver at home, the report on the situation of the driver at home, the notification of the results of the crackdown on the driving of alcohol, the inquiry into the results of the fact, and the report on internal investigation (investigation into the situation at the time of dispatch

1. Application of Acts and subordinate statutes concerning the ledger of driver's licenses, the model of measurement of drinking of tea, and numerical photography;

1. Relevant legal provisions concerning criminal facts, Articles 148-2(3)1 and 44(1) of the Road Traffic Act, the choice of a fine (the results of risk of driving alcohol and social harm are serious, and the degree of alcohol content in blood at the time is not to be absolutely driving, and the accident occurred, and the degree of negligence is so large that the degree of negligence is too heavy that the defendant was disadvantageous to the defendant, but the defendant was found to have been divided in depth and multi-physical accidents, and the defendant was smoothly agreed with the victim, and all physical accidents were committed. Consideration favorable to the defendant, including the circumstance that there was no criminal history)

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;