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(영문) 대전지방법원 천안지원 2019.01.29 2018고정878
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

around 17:50 on October 6, 2018, while under the influence of alcohol, the Defendant driven a car at approximately 2 km to the intersection of the south east-gu, Dong-gu, dong-gu, dong-gu, Chungcheongnam-gu, Seoul, to the intersection of the south west-gu, Dong-gu, dong-gu.

Summary of Evidence

1. Defendant's legal statement;

1. Statement on the occurrence of D traffic accidents;

1. The application of Acts and subordinate statutes to the reports on traffic accidents, reports on the occurrence of traffic accidents, photographs of accident sites and related vehicles, copies of the ledger using a drinking measuring instrument, notification on the results of the drinking-driving control, reports on the state of drinking driving, estimates, written statements on the state of drinking-free drivers, written assessment of blood alcohol, and written assessment of black alcohol,

1. Relevant Article of the Act and Articles 148-2 (2) 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. The Defendant for the reason of sentencing of Article 334(1) of the Criminal Procedure Act (hereinafter “the Criminal Procedure Act”) recognizes his/her mistake as the primary offender and is in depth and reflects his/her depth.

It seems that the current economic situation is not sufficient.

However, drinking driving needs to be strictly punished for crimes that are highly dangerous to harm the life and body of others.

In that the blood alcohol content measured is very high to 0.177% and causes an accident in violation of the signal under the influence of alcohol, it cannot be deemed that the responsibility for the crime is light.

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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