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(영문) 대구지방법원안동지원 2020.09.23 2020고정35
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On January 9, 2020, at around 06:12, the Defendant driven a DM3 car from C, which was under the influence of alcohol with a maximum of 0.157% alcohol level, to C, which was in the influence of alcohol level 0.157%, from before C, which was in the influence of alcohol level, to the mouths located in 66 the festival path of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of the Acts and subordinate statutes to the offender's place, the arrest report on the occurrence of the case, the report on the circumstantial statement of the drinking driver, the investigation report (report on the circumstances), the notification of the control results of drinking driving, the vehicle inquiry, and the result of the crackdown on drinking driving;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 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. Scope of applicable sentences under law: Fines of five million won to ten million won;

2. Not applying the sentencing criteria: Offenses for which the sentencing criteria are not set; and

3. The fact that the degree of drinking alcohol of the defendant was significantly high at the time of the crime of drinking alcohol driving in this case and the distance of driving was not shorter than that of the defendant is disadvantageous to the defendant.

However, the fact that the defendant recognized the crime of this case and opposed to it, and that the defendant is the first offender who has no criminal power is favorable to the defendant.

Other circumstances, such as the occupation, age, character and conduct, environment, motive and background of the crime, means and consequence of the crime, and circumstances after the crime, etc., the punishment as ordered shall be determined.

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