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(영문) 대전지방법원 2014.09.17 2014고정1222

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of KRW 1,500,000;

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

Reasons

Punishment of the crime

On July 9, 2014, at around 21:56, the Defendant driven a B SP car under the influence of alcohol content of about 0.087% in a section of approximately 200 meters, from the 4 apartment complex, 403 underground parking lots in the Daejeon Seo-dong to the roads in front of the Daejeon Seo-dong in the same Dong-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Inquiry into the results of the drinking driving control;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 on the ground of sentencing of the instant crime is imprisonment for not more than 6 months or a fine not exceeding 3 million won. The fact that the Defendant is against and has no record of crime is favorable, but since the drinking driving is a dangerous crime that may cause harm to the general public, it is necessary to be strict in applying the law at the general prevention and special prevention institute. In light of the sentencing conditions stipulated in Article 51 of the Criminal Act, such as blood alcohol concentration, driving distance, the Defendant’s age, driving distance, and the circumstances and contents of the instant crime, it is determined that it is reasonable to impose a fine of not more than 1.5 million won. It is so decided as per Disposition.