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(영문) 대전지방법원 천안지원 2019.06.25 2019고정212
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of two million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On August 18, 2018, at around 02:10, the Defendant driven a C motorcycle while under the influence of alcohol by approximately 500 meters from a stroker in the new dong-dong, Dong-gu, Chungcheongnam-gu to the front side of B building, with a blood alcohol concentration of about 0.181%.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statements and investigation report of a drinking driver, notification of the results of the regulation of drinking driving, and application of Acts and subordinate statutes to the regulations thereunder;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 53 and 55 (1) 6 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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

Defendant’s blood alcohol concentration is considerably high by 0.181%, and the Defendant was sentenced to a disposition of suspension of indictment on condition of completing the training at a probation office on the condition that he/she did not repeat the crime, but for four months after driving the instant drinking, the Defendant’s blood alcohol concentration was revoked.

The Defendant recognized all of his criminal acts, and it is favorable that he was a juvenile of 18 years of age at the time of the instant crime as the primary offender.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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