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(영문) 대전지방법원 2014.04.03 2014고정145
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

On August 21, 2007, the Defendant was sentenced to a fine of 2.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on August 21, 2007, and was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) at the Daejeon District Court on April 4, 201.

Although the Defendant was punished twice as a crime of violation of the Road Traffic Act (driving) as above, at around 02:20 on November 23, 2013, the Defendant driven a B B mountain-in car under the influence of alcohol content 0.168% at the section of about 3km from the road front of the basin hotel located in the Seo-gu Seodong of Daejeon Seo-gu, Daejeon to the end of the common middle street located in the Seo-gu, Seo-gu, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. Previous records of judgment: The application of inquiry reports on criminal records, etc., amounts of dispositions, and reporting Acts and subordinate statutes;

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 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 does not seem to exist even though the Defendant had been punished by a fine on two occasions due to a drunk driving.

However, the defendant is in profoundly against his wife, and is in a position to support his family, including two children who are married with her wife.

In this context, the defendant's age, character and conduct, family circumstances, circumstances of the crime, and circumstances after the crime shall be determined as ordered by considering all the circumstances.

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