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(영문) 대전지방법원 2019.11.29 2019고단3045
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

At around 23:40 on June 27, 2019, the Defendant was under the influence of alcohol with 0.231% of alcohol concentration 0.231%, and was driving a 200-meter GaGLF car at the front of Daejeon-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. A report on the actual condition, a report on the circumstances of a drinking driver, an inquiry into the results of the crackdown on drinking and a report on the circumstances of a drinking driver;

1. Inquiry into the enemy;

1. Application of written estimates or photographs at the scene of an accident;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Reasons for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: A fine of not less than 10 million won but not more than 20 million won;

2. Determination of sentence: Fine 12,00,000 won is highly likely to cause the danger and harm of a drunk driving, the blood alcohol concentration level at the time is very high, and the defendant's liability is heavy in view of the actual occurrence of the accident;

However, in depth, the defendant's mistake has occurred, but the blocking device of parking facilities has been damaged, not many accidents have occurred, and the distance of operation has not been relatively long, and the defendant has agreed to pay the damages to the victim and have reached a full agreement, and social ties are clear, such as the first offender and the defendant's life in good faith in the company.

Therefore, the defendant is sentenced to a fine.

In addition, the sentencing conditions specified in the argument of this case, such as the defendant's age, character, conduct and environment, etc., and the sentence shall be determined as ordered in consideration of the circumstances that are the conditions for sentencing prior to the hearing of this case.

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