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(영문) 대전지방법원 홍성지원 2021.03.24 2020고단904
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, one hundred thousand won shall be one day.

Reasons

Punishment of the crime

On October 12, 2020, the Defendant driven a D k7 car under the influence of alcohol with approximately 0.158% alcohol concentration in blood from around 3 km to the front road of the Hong-gun apartment in the Hong-gun, Chungcheongnam-gun, Chungcheongnam-gun, Hong-gun, the Defendant around 21:20 to around 21:20.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating drinking driving;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes on investigation reporting;

1. Relevant legal provisions and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act concerning facts constituting an offense, the selection of a fine for negligence;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, committed the instant crime even though he had the record of being punished for driving under influence of alcohol in the past. As such, the nature of the instant crime is not good.

However, in full view of the following factors: (a) the Defendant recognized his mistake; (b) the Defendant has no record of criminal punishment heavier than the fine; and (c) the background of the instant crime; (b) the degree of drinking alcohol; (d) the frequency and frequency of the punishment due to drinking driving; and (e) the Defendant’s age and sexual behavior, etc., the sentence shall be determined

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