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(영문) 대전지방법원 2014.10.29 2014고정1456
도로교통법위반(음주운전)
Text

1. Defendant shall be punished by a fine of KRW 3,000,000;

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

Reasons

Punishment of the crime

On May 22, 2009, the Defendant was sentenced to a fine of one million won for a violation of the Road Traffic Act at the Daejeon District Court on May 2, 2009, and a fine of 1.5 million won for the same crime at the same court on January 9, 2012.

On August 4, 2014, at around 21:50, the Defendant driven a B car under the influence of alcohol concentration of 0.077% with 25m alcohol content from the front way of a forest apartment in the same Gu and the front way of a forest apartment in the Dong-dong, Daejeon.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

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 53 and 55 (1) 6 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) 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 of the provisional payment order [the scope of applicable sentences] 2.5 million won to be sentenced to a fine of not less than five million won [the decision of sentence] was unfavorable: The circumstances favorable to the possibility of having a criminal experience in the same kind of crime: confession and reflect: The defendant's age, occupation, environment, background of the crime in this case, blood alcohol concentration, circumstances after the crime, etc. are considered, and the sentence was determined as ordered in light of the sentencing conditions stipulated in Article 51 of the Criminal Act.

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