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(영문) 대전지방법원 2019.08.13 2019고단1270
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 January 11, 2019, at around 21:45, the Defendant driven a FMW car from approximately 80 meters section from the front side of the Daejeon Jung-gu, Daejeon to the front road located in D in the same city, while under the influence of alcohol 0.124% of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. A report on the actual state of the driver;

1. Making a report on the control of drinking driving;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 2018); the selection of fines for criminal facts;

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, even though having the record of being punished twice as the same crime, the crime of this case has been committed again, the social harm of drinking driving has been increased, reflecting the revision of the Road Traffic Act, and the punishment for drinking driving has been strengthened, etc., disadvantageous circumstances such as the confession of the defendant, the confession of the defendant, the defendant has no criminal record other than the fine, the previous crime of the defendant has been committed for about 10 years. The crime of this case has been committed in consideration of favorable circumstances such as the fact that the defendant was committed before the revision of the Road Traffic Act, and all the conditions for sentencing specified in the records and arguments of this case, including the defendant's age, character and behavior, environment, and the circumstances before and after the crime of this case

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