(영문) 대전지방법원 2019.09.19 2019고단2536

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(영문) 대전지방법원 2019.09.19 2019고단2536

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[criminal power] On December 28, 2007, the defendant was sentenced to a fine of 1.5 million won by the Incheon District Court for the crime of violation of the Road Traffic Act.

【Criminal Facts】

On June 30, 2019, the Defendant, while under the influence of alcohol of 0.103% on blood alcohol level, driven a vehicle B from approximately 1 km to the front of the Filidong Administrative Welfare Center located in Daejeon-dong, Daejeon-gu, Daejeon-gu, to the 22-1 metaro, from around around 1km to the Filidong Administrative Welfare Center located in Daejeon-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the occurrence of the case, report on enforcement photographs, notification on the results of the crackdown on drinking driving, and report on the entry of a drinking driver;

1. Previous records: Application of criminal records, inquiry reports and summary order-related Acts and subordinate statutes;

1. Relevant Articles 148-2 (1) and 44 (1) of the Road Traffic Act and the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 requires a punishment corresponding to the punishment of the crime that may cause serious damage to the life, body, and property of another person. When the defendant committed the crime of this case even though he had the record of punishment for the same kind of crime, the defendant committed the crime of this case, such as the fact that the defendant's blood alcohol level was considerably high at the time of the crime of this case, the circumstances favorable to the defendant, such as the defendant's recognition of and reflects the crime of this case, and the fact that the defendant has no record of crime other than the previous conviction in the judgment of the defendant, shall be considered, taking into account the circumstances favorable to the defendant, such as the defendant's age, character and behavior, environment, motive, means and consequence of the crime of this case

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