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(영문) 대전지방법원 2017.04.25 2016고단4579

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 September 17, 2012, the Defendant was sentenced to a fine of five million won for a violation of the Road Traffic Act at the Daejeon District Court.

On December 12, 2016, the Defendant driven around 21:32, on the street in front of the 17-Radidi, the Defendant driven a cMW car with approximately KRW 30 meters in a quantity of 30 meters by making an internship to park on the opposite lane while under the influence of alcohol content of 0.217% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

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

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

1. Although the nature of the crime is not good in light of the purpose of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, considering the risk of an accident caused by the driving of alcohol, possibility of recidivism, etc., the punishment as ordered in the Disposition shall be determined by comprehensively taking into account the following factors: (a) the circumstances and motive of driving alcohol, driving distance, age of the defendant, occupation, family relationship, sex, environment, circumstances before and after the crime, etc.: (b) the defendant has led to his confession of the crime; (c) the defendant has not committed a second offense by reflecting his depth; (d) there has been no damage caused by the driving of drinking; and (e) the previous conviction of the same kind of crime has only been punished once; and (e) the details and motive of driving alcohol, driving distance