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(영문) 대전지방법원 2014.07.09 2014고정873
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On March 1, 2014, at around 11:20, the Defendant driven Cro-car while under the influence of alcohol of about 0.174% of alcohol concentration at approximately 500 meters from the 500-meter section to the roads front of Samsung C-Ba in the same Dong-dong, Daejeon-gu.

Summary of Evidence

1. Defendant's legal statement;

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

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a driver;

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;

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

3. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the ground of sentencing under Article 334(1) is that the statutory penalty of the instant crime is imprisonment with prison labor for not less than six months but not more than one year or a fine of not less than three million but not more than five million won, taking into account that the Defendant has no criminal history.

Even if the blood alcohol concentration is high, physical accidents are caused, and driving under the influence of alcohol is very dangerous act, considering all circumstances such as the necessity of strict enforcement of law, it is judged that it is reasonable to be punished by a fine of three million won. It is so decided as per Disposition.

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