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(영문) 대전지방법원 2013.07.12 2013고단1736

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On October 8, 2010, the Defendant was issued a summary order of KRW 3 million with a fine of KRW 1 million for a violation of the Road Traffic Act, etc. at the Daejeon District Court. On November 1, 2010, the Defendant was issued a summary order of KRW 1 million with a fine of KRW 1 million for a violation of the Road Traffic Act at the Daejeon District Court.

On April 20, 2013, at around 0:10, the Defendant driven a car with approximately KRW 2 km from the head of the Seo-gu Daejeon Seo-dong to the front of the Daejeon Seo-gu Daejeon Seosan (DS) Seo-dong, with a blood alcohol concentration of 0.09%.

Summary of Evidence

1. Defendant's legal statement;

1. Police suspect interrogation protocol of the accused;

1. Each written statement prepared D and E;

1. Statement on the actual condition of traffic accidents, report on the actions taken against a driver, and report on the actual status of the driver;

1. Each photograph;

1. Previous records: Application of inquiry reports and investigation reports (Attachment of a copy of summary order) related to criminal records, etc.;

1. Relevant Article of the Act on Criminal facts and Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant misleads himself/herself and repents his/her mistake, the fact that there is no other criminal record except for the two-time fine sentenced to the defendant's ruling, and the defendant's age, character and conduct, intelligence and environment, motive, means and consequence of the crime, and other various conditions of sentencing as shown in the arguments of this case, such as the circumstances after the crime, shall be comprehensively considered.