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(영문) 대전지방법원 2019.06.13 2019고정436
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 06:10 on January 6, 2019, the Defendant driven an E K3 vehicle from around the cafeteria of the trade name, “C” in Seo-gu Daejeon to approximately 800 meters from around the cafeteria to D, Seo-gu, Daejeon, while under the influence of alcohol of 0.123% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Notification of the results of the drinking driving control, and application of field photographs statutes;

1. Relevant laws concerning criminal facts, Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act which choose the penalty, the selection of fines;

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 Article 334(1) of the provisional payment order requires a punishment corresponding to the crime that may cause serious damage to another person's life, body and property.

The blood alcohol concentration is high.

There was a risk of accidents in the signal atmosphere.

However, the defendant recognizes his mistake and is against his will.

The defendant is the first offender.

The sentencing conditions, such as the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account all the sentencing conditions as shown in the arguments, including equity with the punishment examples of the same or similar incidents.

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