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(영문) 대전지방법원 천안지원 2020.01.17 2019고단2246
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

1. On August 5, 2019, the Defendant driven a Eknife vehicle under the influence of alcohol by 0.196% from the distance of 200 meters from the roads near the C Middle School located in the Seo-gu, Seobuk-gu, Seocheon-gu, Incheon to the roads adjacent to the same Gu.

2. On August 30, 2019, the Defendant driven a Kan Fran car under the influence of alcohol by 0.124% in blood alcohol level from around 03:30 on August 30, 2019 to the roads near the new fela in the Dong-dong, Chungcheongnam-gu, Yannam-gu to the roads in front of the new flap road of the same military unit.

Accordingly, the Defendant driven a motor vehicle under the influence of alcohol not less than twice.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to each entry into the circumstantial statement of a host driver, and each investigation report (the circumstantial report of a host driver);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of a two-way driving), Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act (the point of a two-way driving), the selection of fines, and the selection of fines;

1. Of concurrent crimes, the former part of Article 37, Articles 38 (1) 2 and 50 of the Criminal Act;

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 a very dangerous crime that may cause unexpected behaviors not only one's own life but also another's life and family by raising the possibility of traffic accident, and thus, in order to prevent this, the defendant is bound to bear strict responsibility for the act related thereto. The defendant, even though he was able to drive under the influence of alcohol as stated in paragraph (1) of the judgment, even though he was able to do so, it is not easy to say that there was an accident that causes shock of traffic structures by driving under the influence of alcohol as described in paragraph (2) of the judgment, and there is no reason for the defendant to commit each of the crimes of this case.

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