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(영문) 대전지방법원 논산지원 2013.05.03 2013고정62

도로교통법위반(음주운전)

Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On January 13, 2013, at around 20:35, the Defendant driven B 1 ton cargo vehicle with blood alcohol concentration of about 0.248% in the section of about 10km from the Bosung apartment located in the Gangseo-gu, Seosan-si, Seosan-si to the roads in front of the Jinjin-dong, Seosan-si, Seosan-si.

Summary of Evidence

The application of Acts and subordinate statutes of the defendant's legal statement, notification of the result of crackdown on drinking driving, and the circumstantial statement of drinking drivers

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act that choose the penalty for the crime;

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

1. In light of Article 334(1) of the Criminal Procedure Act’s reason for sentencing order under Article 334(1) of the provisional payment order, the punishment as ordered within the statutory range shall not be determined without discretionary mitigation, taking into account the following factors: (a) a person before and after drinking alcohol; (b) a person engaged in driving business; and (c) a person engaged in drinking again