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(영문) 대전지방법원 서산지원 2015.07.02 2015고정116
도로교통법위반(음주운전)
Text

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

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

[Criminal Power] On April 12, 2007, the Defendant was sentenced to a fine of KRW 1.5 million for a violation of the Road Traffic Act (driving) at the Seosan Branch of the Daejeon District Court on April 12, 2007, and a fine of KRW 3 million for a violation of the Road Traffic Act (driving) at the same court on May 31, 2007.

【Criminal Facts】

On January 14, 2015, at around 00:25, the Defendant driven Bunst car with a blood alcohol content of about 0.065 percent from a section of approximately 200 meters to a 200 meters away from the road in front of a restaurant where it is impossible to identify the trade name in the Dong Seo-gu, Taean-gun, Taean-gun, Taean-gun, Chungcheongnam-gun.

Accordingly, the defendant, who violated the prohibition of drinking driving more than twice, was driving a motor vehicle under the influence of alcohol in violation of the above provision.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the results of the drinking driving control, and a statement of control details;

1. Previous records: The application of criminal records, inquiry and other Acts and subordinate statutes;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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 was that the defendant did not drive under the influence of alcohol since 2007, and the defendant's blood alcohol content was not high at the time of the instant case, but there was a previous conviction punished several times due to drinking and non-licenseing, and the fine prescribed in the summary order is the lowest sentence prescribed in Article 148-2(1)1 of the Road Traffic Act, and all the sentencing conditions specified in the records and arguments of the instant case shall be determined by comprehensively taking into account all the sentencing conditions stated in the instant case.

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