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(영문) 대전지방법원 서산지원 2015.10.16 2015고단687

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

[criminal power] On October 206, the defendant was sentenced to a summary order of 2.5 million won for a crime of violating the Road Traffic Act in the Seosan Branch of the Daejeon District Court on October 2006, and was sentenced to imprisonment with prison labor for the same crime in the same court on September 30, 2008.

【Criminal Facts】

On August 14, 2015, at around 04:09, the Defendant driven a vehicle with CM520 in a state of alcohol of about 0.209% of blood alcohol content at a section of about 10 meters from the 10-meter radius to the roads before the leletotour in the same Dong from the Sin-dong Sin-dong, Seo-gu, Chungcheongnam-gu, Chungcheongnam-do.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Previous records of holding one judgment after checking the results of crackdown on drunk driving, and reporting on the situation of drunk driving: The application of Acts and subordinate statutes after checking criminal records, etc.;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. It is recognized that the defendant committed the crime in this case during the suspended execution period due to the crime of injury under Article 334(1) of the Criminal Procedure Act, that the blood alcohol concentration was considerably high by 0.209%, but it reflects the mistake, and there is no record of punishment due to drinking driving after 2009, and all the other various sentencing conditions specified in the records and arguments of this case shall be determined by taking into account the following factors.