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(영문) 대전지방법원 2020.04.01 2020고정215
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

At around 00:30 on November 8, 2019, the Defendant driven a F Ttiball-off car from approximately 300 meters from the front side of the D Building located in Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do to the front side of the same ESL, while under the influence of alcohol at 0.12% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement, investigation report, and report on the circumstances of the driving of a drinking driver;

1. Application of Acts and subordinate statutes to any report on the results of drinking driving control and the control of drinking driving;

1. Relevant laws concerning criminal facts, Articles 148-2 (3) 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 under Article 334(1) of the Criminal Procedure Act is a crime that may cause serious damage to the life, body, or property of another person and requires the corresponding punishment. The blood alcohol level at the time of the crime is 0.122% relatively high, and the defendant is said not to drive under the influence of alcohol again while breaking his mistake in depth. The defendant is a primary offender who has no past criminal punishment record, the economic situation of the defendant seems difficult, and the punishment is determined as ordered by the order, comprehensively taking into account all of the sentencing requirements such as the defendant's age, character and behavior, family relation, motive, means and consequence of the crime, circumstances after the crime.

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