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(영문) 대구지방법원 상주지원 2014.11.25 2014고단530
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of five million won.

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

Reasons

Punishment of the crime

On October 12, 2014, at around 00:36, the Defendant driven B car under the influence of alcohol level of about 0.136% from a section of approximately 300 meters of alcohol level to a 144-ro Dominer’s front road at the center of the agricultural cooperative branch located in Soyang-dong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host 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;

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 order of provisional payment is recognized to have committed the instant crime during the period of repeated crime due to the instant crime, but there is no record of punishment due to drinking driving. In addition, considering the Defendant’s age, character and conduct, character and environment, motive, means and consequence of the instant crime, and the circumstances after the crime, etc., the upper limit of the applicable sentencing range is within five million won. It is so ordered as per Disposition.

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