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(영문) 대전지방법원 천안지원 2021.03.18 2021고정18
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 6 million won.

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

Reasons

Punishment of the crime

On July 4, 2020, the Defendant driven the EK5 vehicle from the section of approximately 1.5 km from the pre-road of the Yan-gu, Seoan-gu, Seoan-si to the front road located in the Nam-gu, Seoan-gu, Seoan-gu, Seoan-si, the alcohol content of which is 0.186% while under the influence of alcohol during blood at around 04:36.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the notification of the result of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of Provisional Payment Order is that the defendant recognized the crime of this case, and that the defendant has no record of being punished for driving under the influence of alcohol, is favorable to the defendant.

On the other hand, the Defendant’s blood alcohol concentration was considerably high at the time of the instant case, and the drinking driving act should be strictly prohibited for the order of road traffic and the safety of women in traffic control.

The punishment as ordered shall be determined in consideration of the various sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, sexual conduct, motive means, results of the crime, and circumstances after the crime.

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