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(영문) 대전지방법원 천안지원 2017.03.31 2017고정132
도로교통법위반(음주운전)
Text

The sentence against the accused shall be three million won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is the driver of MINI JET motor bicycle.

On September 19, 2016, while under the influence of alcohol level of 0.169% among the blood transfusion around 11:10, the Defendant: (a) driven the bicycle in approximately 500 meters from the front side of the 25-ro, Nam-gu, Nam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Seoul, to the road in front of the 5-ro-Vast mobile handphone store at the same Gu office; (b) operated the bicycle in approximately 500 meters from September 19, 2016, while under the influence of alcohol level of 0.185% during blood alcohol level at around 19:25, the Defendant was driving the bicycle at around 1km-gu, Nam-gu, Chungcheongnam-gu, and 6-ro, Chungcheongnam-ro, 526-ro, Chungcheongnam-ro, Chungcheongnam-do, to the road in front of the 526-ro building.

Summary of Evidence

1. Statement by the defendant in court;

1. C’s self-written statement;

1. Photographss, on-site photographs, etc. related to traffic accidents;

1. The application of Acts and subordinate statutes to the ledger of use of drinking meters and the statement of the circumstances of drivers of drinking alcohol;

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

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act for sentencing of the crime of this case include the form, degree and risk of the crime of this case (the blood alcohol concentration was significantly high and traffic accidents were also revealed on the day of this case), the criminal records of the defendant's criminal punishment (Provided, That there is no or the same kind of power after 2007), the fact that the defendant's age, sex behavior, environment, and circumstances revealed at the trial of this case, and other circumstances revealed at the trial of this case including the defendant's age, sex, and environment, the punishment as ordered shall be determined as above.

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