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(영문) 대전지방법원 2016.09.23 2016고정733
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 25, 2016, the Defendant was under the influence of alcohol level of 0.144% during blood transfusion around 23:00, and the Defendant was driving at approximately 1 Km from the 1Km section to the front road of the Cheongbusan Park, which is located in the front of the Cheongdong-dong, Seosung-gu, Daejeon Pyeong-gu’s trade name.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on control, a statement on the circumstances of the driver at home, a statement on alcohol during blood, and a report on the detection of the driver at home;

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. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act: The higher alcohol concentration level of the defendant's blood alcohol level and the high risk of causing harm to his/her and other person's life and body property need to be strictly punished: The circumstances favorable to that of the defendant: the defendant is seriously opposed; the distance of the defendant's driving is not clear; the defendant's economic condition is not clear; the defendant is a primary offender who has no criminal history; the defendant is a primary offender who has no record of the crime; and all other circumstances, including the above circumstances, including the defendant's age, sex, family relationship, environment, occupation, etc., and the sentencing conditions specified in the proceedings and arguments are comprehensively taken into account. The sentence shall be determined as ordered by the order, taking into account the amount of fine imposed by the court and each court similar to each other across the country.

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