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(영문) 대전지방법원 2014.12.10 2014고정1663
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of 5,000,000 won;

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

Reasons

Punishment of the crime

On July 13, 2014, at around 00:40, the Defendant driven a ready-light car under the influence of alcohol of about 0.167% of blood alcohol content at the section of approximately 3km from the front of the modern apartment located in the Dong-dong, Daejeon, Daejeon to the home fluor’s side located in the Dong-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. A written report from an employee of an employer;

1. Application of Acts and subordinate statutes to reports on the statement of the situation of a 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 provisional payment order [the scope of the applicable sentencing] of a fine of not less than three million won and not more than five million won [the decision of sentencing] is favorable: A normal condition that confessions and reflects the fact that the blood alcohol concentration is high, the fact that there was a record of punishment for the same kind of crime in 2000 and 2009, and that there was other records of punishment as the defendant's age, occupation, environment, circumstances of the crime of this case, contents, circumstances after the crime, etc., the sentence was determined as ordered in consideration of the sentencing conditions stipulated in Article 51 of the Criminal Act.

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