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(영문) 대전지방법원 천안지원 2017.12.07 2017고정809
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

[Confirmation of the judgment falling under the latter part of Article 37 of the Criminal Code] The indictment does not contain a part in the indictment, but it can be sufficiently known as data that are favorable to the defendant in this case. Thus, the latter part of Article 37 of the Criminal Code recognizes concurrent crimes without changing the indictment.

On June 8, 2017, the Defendant was sentenced to one year to suspend the execution of six months of imprisonment with prison labor for special larceny, etc. in the Daejeon District Court's astronomical Branch, and the above judgment became final and conclusive on June 16, 2017.

[Criminal facts] On April 8, 2017, the Defendant driven a car B with approximately 30 meters in section B at a 30-meter radius to the roads located in the same Dong-dong located in the Dong-dong, Seoan-gu, Seoan-gu, Seoan-gu, Seoul, under the influence of alcohol level of 0.151% among blood transfusion around 03:40.

Summary of Evidence

[Criminal facts]

1. Statement by the defendant in court;

1. Reports on traffic accidents, reports on the occurrence of traffic accidents, and photographs on the scene of accidents;

1. Report on the circumstances of a driver who takes the driving of a drinking and report on the results of crackdown on drinking driving (final judgment falling under the single concurrent crimes after Article 37 of the Criminal Act)

1. Application of a reply to inquiries, such as criminal history, investigation report (verification of details of progress of separate trials), and statutes;

1. Relevant legal provisions and Articles 148-2 (2) 2 and 44 (1) (excluding punishment) of the Road Traffic Act concerning facts constituting an offense;

1. Subsequent to Article 37 of the Criminal Act dealing with concurrent crimes: Provided, That Article 39 (1) (inter-Korean between crimes in judgment and special larceny, etc. for which judgment becomes final and conclusive);

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

1. Sentencing the sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime: (a) the background of the instant crime; (b) the number of drinking alcohol; (c) the process of detection; and (d) the minimum limit of fines prescribed by Article 148-2(2)2 of the Road Traffic Act is three million won; and (c) a balance between the case where a judgment was made and the case where a concurrent punishment was received, such as special larceny.

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