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(영문) 대전지방법원 2020.03.20 2020고단135
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 December 19, 2019, the Defendant: (a) from around the C Office located in Sejong Special Self-Governing City on the roads near Sejong Special Self-Governing City B, the Defendant driven a FTB car at approximately 14km section, while under the influence of alcohol content of about 0.114% at the E restaurant located in Sejong Special Self-Governing City.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement statement and investigation report of the employer (the circumstantial report of the employer-employed driver);

1. Application of Acts and subordinate statutes to any report on the results of drinking driving control and the control of drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act which choose the penalty, the selection of fines;

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 an offense which may cause serious damage to the life, body and property of others and requires the corresponding punishment. The degree of blood alcohol level at the time of the crime is relatively high, the distance of the defendant's driving is about 14 km and considerably high, the defendant reflects his mistake in depth, the defendant has no record of punishment for a long time since he was sentenced to a fine due to a drunk driving in 2001, and the defendant has no record of punishment for a long time after he was sentenced to a fine due to a drunk driving in 201, and all the sentencing requirements such as the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, circumstances after the crime, etc. shall be determined

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