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(영문) 대전지방법원 천안지원 2015.04.03 2014고단1788
도로교통법위반(음주운전)
Text

A defendant shall be punished by imprisonment for six months and by a fine of five thousand won.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

[criminal power] On April 26, 2007, the defendant was sentenced to a fine of 1.5 million won for a violation of the Road Traffic Act (driving) in the support of the Daejeon District Court on the Incheon District Court on April 26, 2007, and a fine of 1 million won for the same crime in the above court on June 11, 2007.

[2014 Highest 1788] On November 13, 2014, the Defendant driven a DNA car under the influence of alcohol content of about 0.113% from the 1km section to the 11st road in the Sinsan-si, Yannam-gu, Sinan-si, Sinan-dong to the Sinsan-si, Sinsan-si, Sinsan-si.

[2015 high-level 100] On October 27, 2014, the Defendant driven a E-chartering car from the front road in the Yannam-gu, Yanannam-gu, Seoul-gu, under the influence of alcohol content of 0.098%, to the front road of the loan located in the new Dong-gu, Yan-gu, Dong-gu, Seoul-dong, to the new global motherter, located in the new Dong-dong, Dong-dong.

Summary of Evidence

[2014 Highest 1788]

1. Defendant's legal statement;

1. Statement prepared by the F;

1. Entry of the results of the regulation on drinking driving, the results of the regulation, and the report on the state of drinking drivers;

1. Videos of on-site photographs (2015, 100);

1. Defendant's legal statement;

1. Entry in the report on the control of drinking driving, the results of the inspection, and the statement of the situation of drinking drivers; and

1. A statement on criminal records, etc.;

1. Application of Acts and subordinate statutes to investigation reports (Attachment of the same summary order);

1. Relevant legal provisions concerning criminal facts, Articles 148-2 (1) 1, 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol and imprisonment as of November 13, 2014), Articles 148-2 (1) 1 and 44 (1) of the Road Traffic Act (the point of driving under the influence of alcohol on October 27, 2014, and choice of fines) of the same Act;

1. The former part of Article 37 and Article 38 (1) 3 of the Criminal Act for the punishment of concurrent crimes;

1. Mitigation of discretionary mitigation under Articles 53 and 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing):

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 62 (1) and (2) of the Criminal Act (The following consideration shall be made again for the reasons for sentencing);

1. An order to attend a course;

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