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(영문) 대전지방법원 서산지원 2015.04.29 2015고단163
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 November 14, 2006, the Defendant was issued a summary order of KRW 1.5 million for a crime of violation of the Road Traffic Act in the Gwangju District Court's net support on November 14, 2006, and a summary order of KRW 2 million for the same crime in the same court on June 21, 2010.

【Criminal Facts】

Despite the fact that the Defendant violated Article 44(1) of the Road Traffic Act more than twice, at around 23:50 on February 9, 2015, the Defendant driven D-Wood-D car under the influence of alcohol concentration of about 0.056% in the section of about 3km from the front day of the cafeteria in the Hanjin-gu Hanjin-gu, Songjin-si to the front day of the Dong department 1228 located in the same Eup/Myeon industry.

Summary of Evidence

1. Defendant's legal statement;

1. A report on detection of a host driver and a circumstantial statement;

1. Previous records of judgment: Criminal records, inquiry reports and application of Acts and subordinate statutes to investigation reports (report on the confirmation of criminal records of the same kind of suspect);

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act for the provisional payment order include three times the same force on the defendant, but the defendant reflects his mistake, and after being sentenced to a fine for violating the Road Traffic Act (driving) in 2010, there is no previous conviction, and the blood alcohol concentration is not higher than 0.056%, and all the other conditions for sentencing as indicated in the records and arguments of this case shall be comprehensively taken into account.

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