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(영문) 대전지방법원 천안지원 2017.11.17 2017고정690
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

The defendant is a person who drives a scoo in the scoo-dong scoo.

On October 16, 2016, without a motor motor bicycle driver's license, the Defendant driven the scooters owned by the Defendant from the front side of the sexual scooters located in the south-gu Yanananan-dong, Nam-gu, Naman-gu, Naman-gu, in the state of alcohol content of 0.129% while under the influence of alcohol during blood, to the intersection of about about 400 meters from the 95-ro of the Yan-gu, Naman-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police against B;

1. A survey report on the actual condition, a traffic accident report, a statement on the circumstances of the driver with the main driver, and an investigation report (the above dmark calculation, etc.);

1. Application of Acts and subordinate statutes to traffic accident-related photographs and driver's license registers;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning facts constituting an offense; Article 154 subparagraph 2 and Article 43 of the Road Traffic Act (unlicensed Driving)

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The Defendant, on the grounds of sentencing of Article 334(1) of the Criminal Procedure Act, has recognized and reflected his mistake.

However, in the past, the defendant has been punished four times due to driving without a license, and there have been many other criminal records, but the crime of this case has also been committed.

The amount of alcohol concentration among blood measured is not low.

In addition to this, the defendant's age, sex, environment, motive, means and consequence of the crime, and various circumstances revealed in the trial process, such as the situation after the crime, shall be determined as ordered.

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