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(영문) 대전지방법원 천안지원 2015.09.24 2015고정641
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 5, 2007, the Defendant was sentenced to a fine of three million won for a violation of the Road Traffic Act (driving) at the Suwon District Court on December 5, 2007, and on October 15, 2009, the Defendant was sentenced to a suspended sentence of two years and a fine of five million won for the same crime in the same court.

Although there was a history of violating the regulations on the prohibition of drinking driving twice or more, on March 27, 2015, at around 08:58, the Defendant driven C cab while under the influence of alcohol with approximately 0.068% of blood alcohol concentration on the section of about 6km from the front of the restaurant in the new Doncheon-si, the Doncheon-si, the Doncheon Tourism Complex to the national highway No. 34, Asan-si, Isan-si.

Summary of Evidence

1. Defendant's legal statement;

1. Entry into each report on the control of drinking alcohol driving, the results of the control of drinking alcohol driving, and the statement on the state of drinking drivers;

1. Images of on-site control photographs;

1. Previous records of judgment: Application of the Acts and subordinate statutes which record criminal records, inquiry reports;

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. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant was punished by a fine for drunk driving in around 2007 and a suspended sentence of imprisonment and a fine for criminal facts committed on two occasions in 2009, etc. The defendant had the record of punishment 19 times (one time of actual punishment, two times of suspended sentence of imprisonment and 16 times of fine) in addition to the criminal records of the above two times. Meanwhile, the defendant's recognition of the crime and reflects the defendant's age, character and behavior, and environment, and other various sentencing conditions shown in the argument of the instant case, such as the defendant's age, character and behavior, shall be determined as the order.

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