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(영문) 대전지방법원 2017.11.23 2017고정1044

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On May 4, 2017, the Defendant, while under the influence of alcohol content of 0.106% among the blood transfusions, driven approximately 5 meters of the Eone Starex, inside the D gas station located in Daejeon Dong-gu Daejeon, with approximately 0.106% of alcohol content.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry of the results of regulating the driving of drinking, and statement of the circumstances of the driver;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act to mitigate small amount;

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 Provisional Payment Order is that there is a past record of being sentenced to a fine of 700,000 won due to driving of drinking in 2000, the punishment is determined as ordered by taking special account of the fact that the drinking value exceeds a small standard value under Article 148-2(2)2 of the Road Traffic Act.