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(영문) 대전지방법원 2016.11.25 2016고정1128
도로교통법위반(음주운전)
Text

1. The defendant shall be punished by a fine of three million won;

2. If the defendant does not pay the above fine, 10,000 won.

Reasons

Punishment of the crime

On June 7, 2016, the Defendant was under the influence of alcohol with 0.184% of blood alcohol concentration at around 22:30, the Defendant driven a restaurant with approximately KRW 500 meters from the front day of the restaurant in which the trade name in the mouth of the Sejong-si is unknown, to the front day of the restaurant in which it is impossible to find out the trade name in the mouth of the Sejong-si (Seoul-si) and from the front day of the restaurant to the road of approximately 85-5 meters in the same Ri

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to traffic control reports, reports on the state of drinking driving, notification of the results of the drinking driving control, and the results of the drinking driving control;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

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

1. Circumstances unfavorable to the reasons for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order: The higher level of blood alcohol concentration of the defendant, the higher degree of drinking alcohol concentration of the defendant's act of drinking driving is in need of strict punishment: Circumstances favorable to the defendant: The defendant reflects his/her age, the distance of the defendant's driving is not clear, the defendant's leakage or intellectual disability is the disabled of class 2, the early death of his/her mother, etc., and the defendant's family and economic circumstances are not clear. The defendant does not have any criminal power other than once of the fine for this species of crime, and the defendant has no criminal power other than once of the fine for this species of crime, the defendant's age, character and conduct, family relations, environment, occupation, etc., and all other circumstances constituting the conditions for sentencing as shown in the oral proceedings shall be determined

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