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(영문) 대전지방법원 서산지원 2016.06.30 2016고단254
도로교통법위반(음주운전)
Text

1. The sentence against the accused shall be 6,000,000 won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

In the Seosan Branch of the Daejeon District Court on August 9, 2012, the Defendant received a summary order of a fine of two million won on September 20, 2012 due to a violation of the Road Traffic Act (drinking driving), and such summary order became final and conclusive on September 20, 2012. On May 23, 2014, the Defendant issued a summary order of a fine of two hundred and five hundred and fifty thousand won for the same crime at the same court on May 23, 2014, and such summary order became final and conclusive on June 4, 2014, and was subject to two times of punishment for a violation of the Road Traffic Act (drinking

On April 12, 2016, the Defendant driven a car under the influence of alcohol level of approximately 0.114% from the 100-meter section to the front side of the entrance of “Flue-dong 99 (In Eup/Myeon)” located in the Jin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si, Sin-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Previous convictions in judgment: Application of a reply to inquiry, such as criminal history, and criminal investigation report (Attachment to summary orders) Acts and subordinate statutes;

1. Article 148-2(1)1 and Article 44(1) of the Road Traffic Act concerning criminal facts, the choice of fines for the crime (it is necessary to strictly punish a person who repeatedly drives drinking, even though he/she had a record of punishment twice due to drinking).

However, the defendant shows that his mistake is often divided, there is no history of criminal punishment exceeding a fine, and there is no possibility of re-driving of drinking in the future.

It has made every effort to make necessary while making efforts.

In this context, the sentencing conditions should be taken into consideration, such as the family environment at which the defendant is currently faced and the age, sex, environment, background, means and consequence of the crime, circumstances after the crime, status in the workplace, etc.

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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