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(영문) 대전지방법원 논산지원 2015.01.06 2014고단442

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 2,000,000 won;

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

Reasons

Punishment of the crime

On June 23, 2014, at around 02:20, the Defendant driven a B spoke-spoke in a state of alcohol alcohol level of at least 0.1% of alcohol level from approximately 40km to the front of the KCC General Form, 209, Seosan-si, Embro, from around the drinking house in which the trade name in the Jung-gu, Daejeon could not be known.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made to C by the police statement;

1. Application of each of the Acts and subordinate statutes as stated in the actual condition survey report, the report on detection of a host driver, the circumstantial statement of a host driver, the investigation report (the content of the inspection direction) and the review of legal principles;

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

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act (hereinafter “The Criminal Procedure Act”) comprehensively takes into account all the circumstances revealed in the oral proceedings, including the fact that the defendant reflects the depth of the crime, and the fact that there is no particular criminal record other than once before and after the sentence is imposed. The sentence shall be determined as ordered