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(영문) 대전지방법원 서산지원 2016.12.23 2016고단703

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On February 14, 2008, the Defendant received a summary order of KRW 700,000 as a fine for a violation of the Road Traffic Act, and on May 22, 2008, the Defendant received a summary order of KRW 3 million as a fine for a violation of the Road Traffic Act. On August 31, 2012, the Defendant was sentenced to imprisonment for 4 months and 2 years of suspension of execution for a violation of the Road Traffic Act from the same support on August 31, 2012. From the same support on March 19, 2015, the Defendant was sentenced to 8 months of imprisonment for a violation of the Road Traffic Act (driving) and completed the execution of the sentence in the mountainous district in the Sscar of the Red Prison on December 1, 2015. < Amended by Act No. 13588, Dec. 1, 2015>

At around 06:40 on September 10, 2016, the Defendant driven a Bracing vehicle with a blood alcohol concentration of about 0.054% in the section of about 8km from the Do in front of the same city, Myeoncheon-ro 849, Myeon-ro, Hancheon-ro, Myeon-ro, Myeon-ro, Do-ro, Do-ro, Do-ro, 19.

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. Statement to C by the police;

1. Traffic accident reports, reports on the actual state statement, criminal history records, investigation reports (verification, etc. of crimes during the period of repeated crimes), copies of summary order, and application of Acts and subordinate statutes of eight copies of written judgments;

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act of the choice of punishment, and the choice of a fine ( Consideration, such as the fact that a person has been driven in the course of being frightened under less than the frighten alcohol, the fact that the blood alcohol concentration is relatively low, and the reflection thereof, etc.);

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;