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(영문) 대전지방법원 천안지원 2019.06.25 2019고정229
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of four million won.

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

Reasons

Punishment of the crime

On December 04, 2018, the Defendant, while under the influence of alcohol at 00:45% of alcohol level, driven the Ek5 car at approximately 400 meters away from the front side of the entrance of D University located in B Apartment-gu, Chungcheongnam-gu, Yancheon-gu, Seoul to the front side of D University.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statements, investigation reports, notification of the results of the control of drinking driving, and application of Acts and subordinate statutes to the drinking driver, the report on the circumstantial statements and the results of control;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice 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 of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The defendant's blood alcohol concentration is considerably high by 0.173%.

However, the defendant acknowledges his mistake, and there is no previous mistake.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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