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(영문) 대전지방법원 2019.11.21 2019고단3049
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

On July 1, 2019, at around 23:21, the Defendant driven a vehicle of approximately 50 meters CK7 meters in front of the entrance of the parking lot at the Seo-gu Daejeon apartment underground parking lot, Seo-gu, Daejeon, with alcohol content of 0.210%.

Summary of Evidence

1. Defendant's legal statement;

1. Examination protocol of the accused by prosecution;

1. Application of Acts and subordinate statutes to traffic accident reports, reports on detection of drinking drivers, inquiries into the results of the crackdown on drinking driving, and circumstantial statements of drinking drivers;

1. Relevant laws concerning criminal facts, Articles 148-2 (3) 1 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 danger of drinking driving has been realized due to the shock of the vehicle in a stop.

Blood alcohol concentration is very high.

The defendant has committed a crime again even though he has caused a traffic accident due to drinking driving and has been punished by a fine.

However, there are circumstances that can be considered in the circumstances, since the defendant has been in front of a proxy driving engineer, returned the proxy driving engineer due to the lack of parking space, and thereafter he gets driving for parking.

The degree of accidents is not significant due to simple contact accidents.

The defendant has recovered damage by paying a certain amount to the victim of the contact accident.

The drinking driving of a defendant and the criminal record of a traffic accident are relatively old (2006) and there are no other penal power.

The defendant recognizes his wrong and reflects his wrong.

Such circumstances and the defendant's age, character and conduct, family relationship, motive, means and consequence of the crime, and all the sentencing conditions shown in pleadings after the crime is committed shall be determined as ordered.

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