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(영문) 대전지방법원 천안지원 2019.11.28 2019고단2539
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

[Criminal Power] On December 21, 2018, the Defendant received a summary order of KRW 1,50,000,000 as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court’s Branch.

【Criminal Facts】

On September 7, 2019, the Defendant, despite the power of violating the prohibition of drinking driving, driven a Dtibl vehicle under the influence of alcohol concentration of about 0.073% in the section of about 5.5km from the front point of “C” located in Seoan-gu, Western-si B, Seoan-gu, Seoan-si to the road near the Dong-gu, Seoan-gu, Yanan-gu.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Notification of the control of drinking driving;

1. Previous convictions in judgment: Criminal records, reply reports (A), investigation reports (related to the same kind of suspect's power), and application of Acts and subordinate statutes of one copy of related summary order;

1. Relevant provisions of the Act on Criminal facts and Articles 148-2 (1) and 44 (1) of the Road Traffic Act which choose the penalty for a crime;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

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 of the provisional payment order is that a person drives a motor vehicle under the influence of alcohol once again after being punished due to the latest drunk driving, there is no criminal punishment other than the previous conviction in the judgment, when a judgment is sentenced to imprisonment without prison labor or any heavier punishment, retirement from the company currently in service and the degree of blood alcohol alcohol concentration

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