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(영문) 대전지방법원 2017.11.10 2017고정1302
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On June 2, 2011, the Defendant was issued, respectively, a summary order of KRW 2 million at the Daejeon District Court, by a fine of KRW 2 million for a crime of violating the Road Traffic Act, and on April 2, 2012, by the same court, the same court issued a summary order of KRW 2 million for a crime of violating the Road Traffic Act.

On August 2, 2017, the Defendant, while under the influence of alcohol content of 0.071% during blood transfusions, driven a coo vehicle in B from approximately 80 meters away from the front of the restaurant, “persons who take a new wall” located in the agricultural and fishery products market, to the front of the World Cup stadium in the same Dong, from around 33 meters to the front of the 80m radius.

Accordingly, the Defendant, who violated the prohibition of driving under the influence of alcohol not less than twice, was driving a motor vehicle under the influence of alcohol again.

Summary of Evidence

1. Statement by the defendant in court;

1. The proprietor of a restaurant of those who take a new wall of the police statement protocol of C with respect to C, who drinks alcoholic beverages in the restaurant at the above restaurant, escaped after shocking C's vehicle;

Statements to the effect that they referred to (Evidence No. 20, 22)

1. A report on the detection of a primary driver;

1. A survey report on actual conditions;

1. Investigation reports (application of the above dmark formula), investigation reports (related previous and confirmations);

1. Application of Acts and subordinate statutes, such as criminal history;

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

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

1. Article 334 (1) of the Criminal Procedure Act concerning the order of provisional payment;

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