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(영문) 대전지방법원 논산지원 2019.03.29 2018고단550
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10 million.

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

Reasons

Punishment of the crime

[criminal power] On December 5, 2007, the Defendant issued a summary order of KRW 1,00,000 as a fine for a violation of the Road Traffic Act (driving) in the Daejeon District Court Seosan Branch of Daejeon District Court, and on October 7, 2015, the same court issued a summary order of KRW 1,50,000 as a fine for a violation of the Road Traffic Act (driving).

【Criminal Facts】

On September 24, 2018, at around 00:10, the Defendant driven an E Caren car with approximately KRW 700 meters alcohol concentration of 0.058 percent in a section of approximately 700 meters from the front of Seosan City to the front of D located in the same city C.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the results of drinking control;

1. Previous records of judgment: Criminal records, reply reports, and application of Acts and subordinate statutes to investigation reports (verification of the same criminal records of a suspect);

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

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The conditions that are favorable to the facts having the same record as that of the previous conviction in the judgment: The fact that the blood alcohol content appears to be contrary to his mistake, that the blood alcohol content is relatively low, and all the sentencing conditions shown in the pleadings of the instant case, such as the Defendant’s age, character and conduct, environment, criminal records, criminal records, circumstances after the crime, etc., shall be determined as per the disposition

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