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(영문) 대전지방법원 2020.01.29 2019고정1049
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

On June 27, 2019, the Defendant: (a) followed the Daejeon-gu Btel on June 27, 2019, while under the influence of alcohol concentration of 0.091% on the road, C UidiA6 car was transferred to and backward, and driven approximately KRW 2-3 meters.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to the traffic accident actual condition survey report, relevant vehicles and enforcement photographs, and the circumstantial statement report on a driver-in-car;

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 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.

It caused an accident that shocks a parked vehicle.

The blood alcohol concentration is high.

However, the distance of driving is short.

There is no criminal record of the same kind and there is no history of punishment exceeding fine.

The sentencing conditions, such as the defendant's age, character and behavior, motive, means and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account all the sentencing conditions as shown in the arguments, including equity with the punishment examples of the same or similar incidents.

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