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(영문) 대전지방법원 서산지원 2020.01.30 2019고단995
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 10,000,000.

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

Reasons

Punishment of the crime

At around 16:10 on August 27, 2019, the Defendant, while under the influence of alcohol content 0.251%, driven B rocketing taxi from approximately 15km distance to the roads front of the Seocho-gun in the West-gun, Chungcheongnam-gun, Chungcheongnam-gun, Chungcheongnam-do, to the front of the Seocho-gun, Chungcheongnam-do, 571-1, as it is from the sandy ground in the front of the Seocho-gun, Chungcheongnam-do.

Summary of Evidence

1. Defendant's legal statement;

1. A manual for measuring drinking alcohol;

1. Notification of the control of drinking driving;

1. The circumstantial statement of the employee;

1. A report on investigation;

1. Application of statutes on site photographs;

1. Relevant Article of the Act on the Crime and Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. The sentencing reasons of Article 334(1) of the Criminal Procedure Act of the provisional payment order is highly high, unfavorable circumstances such as the defendant's driving of a taxi under the influence of alcohol, and the defendant's mistake and reflects it. Prior to the fact that there was no past record of punishment due to drinking driving and there was no serious criminal record exceeding the fine, and the fact that it does not amount to a traffic accident, the punishment as ordered shall be determined by taking into account all favorable circumstances such as the defendant's age, character and behavior, environment, motive of the crime, circumstances after the crime, etc.

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