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(영문) 대전지방법원 논산지원 2016.12.29 2016고단622
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

[criminal power] On November 14, 2006, the defendant was sentenced to a summary order of one million won or more as a crime of violating the Road Traffic Act in the Daejeon District Court's Seosan Branch on November 14, 2006. On September 11, 2009, the defendant was sentenced to a suspended sentence of six months by imprisonment with prison labor for the same crime in the same court.

【Criminal Facts】

On October 6, 2016, at around 17:33, the Defendant driven a Chigh-est car in the state of alcohol alcohol concentration of about 300 meters from the 300-meter section to the old Dosan City, which is located in the vice-side 1st of the Bluan Asbestos Port, to the front road of Seosan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of crackdown on drinking driving and on the circumstantial statement of a drinking driver;

1. Control note;

1. Previous records of judgment: Application of criminal records, inquiry reports, investigation reports, and Acts and subordinate statutes;

1. Relevant Article of the Criminal Act and Articles 148-2 (1) 1 and 44 (1) of the Criminal Act concerning the selection of criminal facts;

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 requires strict punishment inasmuch as the defendant committed the instant crime even though he/she had a record of suspended sentence or fine, etc. for the same kind of crime.

However, considering the fact that the defendant reflects the mistake, the blood alcohol concentration (0.11%) of the defendant at the time of driving, and other sentencing conditions shown in the pleadings of this case, such as the age, character and conduct, environment, criminal records, criminal records, circumstances after committing the crime, etc., the punishment as ordered shall be determined.

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