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(영문) 대전지방법원 2015.07.08 2015고정834

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On December 3, 2012, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on December 3, 2012, and a fine of seven million won for the same crime at the same court on February 13, 2014.

On April 3, 2015, at around 23:21, the Defendant driven a cargo vehicle of approximately 500 meters from the front day of the original middle school located in the Seo-gu Daejeon, Seo-gu, Daejeon, to the front day of the Bgaland located in the same ring-dong of the same Gu, under the influence of alcohol content of 0.086%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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

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

1. Articles 70(1) and 69(2) of the Criminal Act (100,000 won a day);

1. The sentencing conditions stipulated in Article 51 of the Criminal Act, such as the Defendant’s age, occupation, environment, background of the instant crime, details (the blood alcohol concentration, driving distance) and circumstances after the commission of the crime, etc., are considered in light of the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is seriously against the Defendant.