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(영문) 대전지방법원 논산지원 2013.08.09 2013고정115

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 4,000,000 won;

2. If the defendant does not pay the above fine, fifty thousand won.

Reasons

Punishment of the crime

On April 18, 2013, at around 16:40, the Defendant driven a sports cargo vehicle B while under the influence of alcohol with approximately 20 meters alcohol concentration of about 0.183% at a section of about 20 meters from the front day of the Yari-gu Yari, the Yari-si, the Yari-si, the Yari-si, the Yari-si, the upper day of the Yari-si

Summary of Evidence

1. Statement by the defendant in court;

1. Application of each Act and subordinate statute to the report on detection of a host driver and the report on circumstantial statements of a host driver;

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 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The fact that a large number of traffic offenses with the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Korea Criminal Procedure Act of the order of provisional payment are committed again by the defendant who has been committed one time prior to the drunk driving, the fact that the drinking driving level is considerably high, and that the traffic accident caused physical damage during the course of the driving under the influence of alcohol in this case.

However, it is advantageous to the fact that the defendant reflects the crime and is the disabled of class 6 of the delay disability, that the vehicle of the defendant is covered by the comprehensive automobile insurance, and that there are circumstances that can be considered in the family environment of the defendant.

Other circumstances shown in the argument of this case shall be determined as per the disposition, comprehensively taking into account the overall circumstances.