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(영문) 대전지방법원 천안지원 2015.08.04 2015고정387

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

The defendant is a driver of a three-dimensional vehicle.

At around 00:50 on March 10, 2015, the Defendant driven the said car owned D from the top of the restaurant where it is impossible to identify the trade name on the three-dimensional distance at Asan City at Asan City at a level of 0.080% of blood alcohol content, to the upper end of the Asan City at approximately one kilometer of approximately 1 kilometer from the day estest of the 7th day of the day of the Asan City to the day of the Asan City in the upper end of the Asan City.

Summary of Evidence

1. Defendant's legal statement;

1. Any traffic accident report, report on the results of the control of drinking driving, and report on the actual state of drinking drivers; and

1. Statement and image of the actual condition survey report and field map;

1. Application of statutes on images of on-site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The case where a prosecutor of the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order requests formal trial against a summary order. The defendant has a record of receiving a summary order of KRW 700,000 due to drinking driving around 209. Meanwhile, the defendant agreed to pay KRW 250,000 to E due to the occurrence of a traffic accident while driving under the influence of alcohol. However, the above traffic accident occurred in the course of the crime of taking a vehicle suspected of driving under the influence of alcohol, and E was sentenced to one year by imprisonment with prison labor for multiple crimes including the above crime (the Daejeon District Court Decision 2015No728). The defendant was sentenced to one-year imprisonment with prison labor (the Daejeon District Court Decision 2015No728). The defendant's criminal records except for the above one-time summary order, the defendant reflects the defendant's recognition of the crime, the defendant's blood alcohol concentration, driving distance, and the defendant's age, character and behavior, etc.