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(영문) 대전지방법원 서산지원 2016.08.12 2016고단400
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On April 10, 2009, the Defendant received a summary order of a fine of one million won due to a violation of the Road Traffic Act (drinking driving) from the Suwon Franchising Board. On November 11, 2010, the Defendant received a summary order of a fine of two million won due to a violation of the Road Traffic Act (drinking driving) from the Seosan Branch of the Daejeon District Court, and on August 30, 201, on August 30, 201, the Defendant was sentenced to imprisonment of four months and one year of a suspended sentence.

On May 15, 2016, at around 00:15, the Defendant driven CM520 cars while under the influence of alcohol concentration of about 0.10% from the 300-meter section to the front side of the cancer entrance to the 78-132 gate of the trade name in front of the cafeteria-gun, Taean-gun, Taean-gun, Taean-gun, Taean-gun, Tae-gun, Seoul, one of the agricultural cooperatives located in the southwest-do, Taean-gun, Tae-gun, Tae-gun.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Partial statement of the defendant;

1. Application of Acts and subordinate statutes to inquiries, such as a letter of the details of drinking control, notification of the results of drinking driving control, a copy of the register of measuring instruments using drinking, a statement of the circumstances of drivers engaged in drinking, and criminal history;

1. Relevant Articles 148-2 and 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act concerning facts constituting an offense, and the selection of fines (such as the reflection of the fact, the transfer of a motor vehicle, etc.);

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The portion not guilty under Article 334(1) of the Criminal Procedure Act, which is the order of provisional payment

1. The summary of the facts charged is that the Defendant, who violated the prohibition of drinking alcohol driving twice or more as stated in the above facts constituting a crime, drives a motor vehicle under the influence of alcohol level of 0.147% during blood in violation of the said provision.

2. In a case where the measured values of drinking by the pulmonary measuring instrument and the measured values of drinking by blood tests are different, the selection of evidence by the judge's free evaluation of evidence.

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