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(영문) 대전지방법원 서산지원 2016.08.12 2016고단431
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

On September 14, 2007, the Defendant was sentenced to a summary order of KRW 1.5 million for a crime of violating road traffic laws (drinking driving) at the Cheongju District Court. On February 11, 2010, the Defendant was sentenced to imprisonment with prison labor for the same crime, etc. at the Cheongju District Court Branch Branch of Daejeon District Court, and two years of probation.

On June 7, 2016, at around 21:05, the Defendant driven a B-hand car under the influence of alcohol concentration of about 0.123% in the 2km section from the front of a mutually unclaimed restaurant in the head of the same Eup/Myeon from the Do to the front of the coastwise maritime security at the same Eup/Myeon located in the Taean-gun, Taean-gun, Chungcheongnam-gun, Chungcheongnam-do.

Accordingly, the defendant, who violated the prohibition of drinking at least twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes, such as three copies of an inquiry letter, such as a statement report on the situation of the driver placed in the main place and criminal history, and a copy of a summary order;

1. Relevant Article of the Act and Articles 148-2 (1) 1 and 44-2 (1) of the Road Traffic Act, the selection of a fine concerning a crime (including the interval between previous previous criminal records and previous criminal records, the degree of disability of the victim, and the reflection thereof, 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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