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(영문) 대전지방법원 2020.04.17 2020고정284
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 November 21, 2019, at around 02:22, the Defendant driven a B car under the influence of alcohol with approximately 500 meters alcohol concentration of about 0.093% from the front of a non-cafeteria in the Seosung-gu, Daejeon, to the same flown distance.

Summary of Evidence

1. Defendant's legal statement;

1. Arrest report of the occurrence of the case, notification of the results of the regulation of drinking driving and control, inquiry into the results thereof, report on the circumstances of drinking drivers, report on the circumstances of drinking drivers, and report on the handling of cases 112 reported;

1. Application of the ledger on use of drinking meters, and the ledger of driver's licenses;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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. Summary order and prosecution’s opinion: Fine of 6,000,000 won; and

2. Determination of sentence: The conditions favorable to the defendant shall be recognized, such as a fine not exceeding 6,00,000 won, in depth, and circumstances in which the defendant has a difficulty in economic conditions, etc.

However, the responsibility of the crime is considerably heavy in light of the danger and seriousness of the harmful effects of drinking driving, the degree of blood alcohol concentration at the time.

In particular, even though the defendant was punished for the same kind of crime in 2003, there seems to be little possibility of recidivism without possibility of criticism.

Therefore, the defendant is sentenced to the same punishment as the summary order.

In addition, the sentencing conditions specified in the pleadings of this case, such as the defendant's age, character and conduct, and environment, shall be determined as ordered by examining the various circumstances.

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