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(영문) 대전지방법원 2019.11.21 2019고정945
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 2.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On July 8, 2019, the Defendant was under the influence of alcohol with 0.109% of blood alcohol concentration around 20:10 on July 8, 2019, and the Defendant was driving a motor vehicle with Dhump from approximately five meters to the said Cdong parking lot.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to reports on the state of driving under the influence of alcohol, reports on the state of standing of a driver under the influence of alcohol, investigation reports (report on the state of a driver under the influence of alcohol), notification on the results of the control of drinking alcohol, photographs, and results

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

1. Article 53 and Article 55 (1) 6 of the Criminal Act for discretionary mitigation (see, e.g., Supreme Court Decision 2009Do1448, Apr. 21, 2007) (see, 2009Da11448, Apr. 2, 2008) (see, 2009Da1448, Apr. 2, 2009)

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

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

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