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(영문) 대전지방법원 천안지원 2017.10.27 2017고정616
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The defendant is the driver of a cargo vehicle B1 ton.

On June 4, 2012, the Defendant driven a 1 ton cargo vehicle from the front side of a restaurant where the trade name located in the north of the Eup/Myeon/Dong in Asan City cannot be known, at around 0.212% of alcohol content among blood transfusions, at around 07:35, the Defendant driven the above 1 ton cargo vehicle at the section of approximately 3 to 4km from the front side of the comprehensive commercial road in the south-gu, Yanan-si.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to a survey report on actual conditions and a statement on the circumstances of drivers in charge;

1. Relevant Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The defendant with reasons for sentencing under Article 334(1) of the Criminal Procedure Act does not have any criminal punishment for the same kind of crime.

It seems that the economic situation is not sufficient.

However, drinking driving is a serious crime that can cause human life damage due to large accidents.

The alcohol concentration among the measured blood is very high to 0.212%, and in this case the lowest statutory penalty of the fine is 5 million won.

In addition to this, all the circumstances revealed in the trial process, such as the defendant's age, sex, environment, background of the crime, and circumstances after the crime, the punishment as ordered shall be determined.

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