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(영문) 대전지방법원 2014.12.17 2014고정1632
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On 00:10 on 06.06.06.06., the Defendant driven BM3 car at a distance of about 0.2 km from the front of the Happiness restaurant in Seo-gu Daejeon, Seo-gu, Daejeon to the large village distance in the same Dong, while under the influence of alcohol with 0.193% of alcohol concentration.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of the statutes on circumstantial statement reports

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

1. Articles 70 (1) 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 of the provisional payment order [the applicable sentencing range] of a fine of not less than three million won and not more than five million won [the decision of sentence] is disadvantageous: having a criminal history; having a high amount of alcohol content; having a high degree of blood alcohol concentration; circumstances favorable to the occurrence of an accident; the Defendant’s age, occupation, environment; circumstances leading to the instant crime; details (b) of the instant crime; and circumstances after the instant crime, etc., considered the sentencing conditions stipulated in Article 51 of the Criminal Act and determined the sentence as ordered.

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