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(영문) 대전지방법원 2016.09.02 2016고정652
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 10, 2016, the Defendant, while under the influence of alcohol of 00:38%, driven a Category B Maz car at approximately 400 meters from the front of the “direct behavior” road located at 170-gil, Seo-gu, Seo-gu, Daejeon, Seo-gu, Seo-gu, Seoul to the front of the Ora Services, located at approximately 34 meters from the front of the Ora Services.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to any traffic control manual, two dacting photographs, notification of the results of the drinking driving control, and report on the circumstantial statement of a drinking driver;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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 is the fact that the defendant is seriously opposed to the sentencing, and the fact that the defendant is the primary offender is favorable to the defendant.

However, the defendant's blood alcohol concentration is high, and the drinking driving act is in need of strict punishment for the danger of harm to the life, body, and property of himself/herself and others.

In full view of such circumstances and other circumstances as the conditions for sentencing as shown in the record and arguments, the sentence shall be determined as ordered in consideration of the amount of the fine imposed by this court and by each court of the whole country in a similar case.

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