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(영문) 대전지방법원 2015.01.15 2014고정1797
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 2,000,000.

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

Reasons

Punishment of the crime

On June 25, 2014, at around 12:10, the Defendant driven a D-wing truck with approximately 10m distance of about 10m alcohol content 0.114% while under the influence of alcohol in the orchard he cultivates in Daejeon Jung-gu.

Summary of Evidence

1. Defendant's legal statement;

1. E statements;

1. Statement of control, report on the results of the control of drinking driving, and report on the state of drinking drivers;

1. Application of Acts and subordinate statutes related to enforcement;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the defendant does not have the same criminal record, confession and reflect in depth.

In addition, it is considered that the section of drinking driving is limited to agriculture in the orchard.

In this context, considering all the circumstances such as the defendant's age, character and conduct, and circumstances after the crime, the punishment is determined as ordered.

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