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(영문) 대전지방법원 공주지원 2015.04.10 2015고정3
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

[criminal power] On February 1, 2008, the Defendant received a summary order of KRW 500,000 from the Suwon District Court on May 2, 2008 for a fine of KRW 500,000 as a crime of violation of the Road Traffic Act.

【Criminal Facts】

At around 16:50 on November 9, 2014, the Defendant driven B K5 cars while under the influence of alcohol at approximately 0.067% of blood alcohol concentration on the 5km section from the front of the dump cafeteria in the Shin-dong, Shin-dong, Sinju to the front of the dump stop located in the same gold wall in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. A written report on host driver, a written report on the status of an employer driver, a written statement on the status of an employer, and a control manual;

1. Previous convictions indicated in judgment: Application of criminal history records, investigation reports (former records and report on confirmation of criminal facts) Acts and subordinate statutes;

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 (1) 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 is that the Defendant has a record of criminal punishment of fines twice due to a violation of the Road Traffic Act in the past.

Nevertheless, the defendant has committed the crime of this case again. In light of the criminal records of the defendant, it is inevitable to punish the defendant with a fine.

In determining the specific sentencing, the sentence was determined within the scope of the statutory punishment by comprehensively taking into account the aforementioned circumstances and the fact that the defendant is led to confession and reflect on the instant crime, the circumstances following the instant crime, the blood alcohol concentration of the defendant, the age and occupation of the defendant, etc.

It is so decided as per Disposition for the above reasons.

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