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(영문) 대전지방법원 천안지원 2017.09.01 2017고정456
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

On December 10, 2016, the Defendant driven a car of 3.7 km B knife with alcohol level of 0.137% at around the 0.137% during blood transfusion, in front of a mutual influent restaurant located in the Sung-dong, Seoan-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seocheon-ro 94 and B knife-do with the length of 3.7 km at the center of the south-gu, Seoan-gu, Seoan-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a ledger for measuring the use of drinking instruments, notification of the results of crackdown on the driving of drinking, a statement concerning the circumstances of a driver taking driving, and a written statement

1. Application of Acts and subordinate statutes governing accident scene photographs;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act is the primary criminal defendant, and the present crime is recognized and is in depth against it.

It seems that the economic situation of the defendant is not sufficient.

However, the alcohol concentration in the blood of the defendant measured at the time is considerably high by 0.137%.

The distance of the defendant's driving of drinking is not short, and the accident occurred due to this.

In cases where alcohol concentration in blood exceeds 0.1%, the minimum statutory penalty of a fine is 3 million won.

In addition to these circumstances, the defendant's age, sex, environment, motive, means and consequence of the crime, and the circumstances revealed in the trial process shall be determined as ordered by considering the following circumstances.

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