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(영문) 대전지방법원 천안지원 2015.04.30 2014고단1694

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

피고인은 2014. 7. 13. 01:19경 천안시 동남구 신부동 대림아파트 앞 도로에서 천안시 동남구 신부동 짱노래클럽 앞 도로까지 약 1km 구간에서 혈중알콜농도 0.157%의 주취상태로 C 쏘렌토 승용차를 운전하였다.

Summary of Evidence

1. Defendant's legal statement;

1. Each statement made by the police officer in relation to D and E;

1. Entry in the report on the actual state of the driver;

1. The application of each Act and subordinate statute to a copy of the ledger of drinking meters, notification of the results of the drinking driving control, and the protocol of drinking driving control;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 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 under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that an accident that contacts pedestrians due to the drinking operation of the defendant (in the absence of a pedestrian's injury), the situation where the pedestrian and the defendant escaped after the dispute with the pedestrian, while the defendant is the first offender and is against this court's recognition of the crime, and the defendant's age, character and conduct, and driving distance, including the defendant's blood alcohol concentration and driving distance, shall be determined by taking into account the various sentencing conditions shown in the argument of this case such as the defendant