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(영문) 대전지방법원 2014.11.13 2014고정1611

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 31, 2008, the Defendant was sentenced to a fine of KRW 700,00 as a violation of the Road Traffic Act (driving) at the Changwon District Court's Changwon Branch on October 31, 2008, and a fine of KRW 1.5 million as a violation of the Road Traffic Act (driving) at the Changwon District Court on September 28, 201.

On August 23, 2014, at around 22:27:27, the Defendant driven the B radar van while under the influence of alcohol content of about 0.051% at a section of about 2km from the front of the Home Pug in the Dong-dong, Daejeon to the front of the roof of the Daejeon Jung-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the state of driving under the influence of alcohol, and inquiry into the results of the control of drinking driving;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 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 of the provisional payment order is that even if the defendant had the same criminal record, it is inevitable to strictly punish the crime of this case.

However, there is no high level of drinking water, confession, and reflect in depth.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.