beta
(영문) 대전지방법원 2020.10.22 2020고단2598

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On May 2, 2020, at around 10:50, the Defendant driven Cpoter spoke-spoke in the state of alcohol alcohol concentration 0.208% under the influence of alcohol without obtaining a driver’s license in the section of about 20km from front of Sejong Special Self-Governing City to the Gangseo-gu, Chungcheongnam-gu, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to enforcement note, report on the circumstantial statements of a drinking driver, report on the results of the crackdown on drinking driving, register of driver's licenses, and investigation report on the next-time driver;

1. Relevant provisions of Article 148-2 (3) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

1. Selection of a fine for elective punishment under Articles 40 and 50 of the Criminal Act among the ordinary concurrent crimes;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act Article 334(1) of the provisional payment order requires a punishment corresponding to that for a crime that may cause serious damage to another person's life, body, or property.

At the time of the crime, the blood alcohol concentration of the defendant is very high, and the distance of the vehicle is very long, so the nature of the crime and the circumstances of the crime are not easy.

However, the defendant shows his attitude to recognize the crime of this case and to reflect his mistake.

In addition, there was no personal injury due to the instant crime.

On the other hand, the defendant has no record of criminal punishment except a fine imposed once on the violation of the Road Traffic Act around 199.

In full view of such circumstances as well as the Defendant’s age, character and conduct, environment, motive and background of the instant crime, means and consequence, and circumstances after the instant crime, the punishment as ordered shall be determined.