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(영문) 대전지방법원 천안지원 2015.11.05 2015고정903
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 November 4, 2008, the Defendant issued a summary order of one million won or more for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 4, 2008. On November 27, 2009, the Defendant was sentenced to a fine of three million won or more for a violation of the Road Traffic Act in the support of the Daejeon District Court on November 27, 2009, and violated Article 44(1) of the Road Traffic Act on at least two occasions.

On July 3, 2015, at around 22:36, the Defendant driven Cenz car with a blood alcohol content of 0.143% under the influence of alcohol in the section of approximately 2km from the front day of the alcohol house in the Sinsan-si, Eupn-si, Eupn-si, to the front day of the same 106-dong male-ri apartment.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of the driving of a motor vehicle under consideration, report on the situation of the driving of the motor vehicle under consideration, report on the situation of the driver under consideration, copy of notification as a result of the crackdown on the driving of the motor vehicle under consideration,

1. Entry in a written appraisal of blood alcohol concentration;

1. Images of field control photographs;

1. Previous convictions indicated in judgment: Application of Acts and subordinate statutes of criminal records, repeated statements, investigation reports (reports on confirmation of the facts that have been punished twice due to sound driving);

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 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 has the record of being sentenced to four times a fine due to drinking alcohol driving or refusing to measure drinking alcohol. The six times a prison term (one time a suspended sentence of imprisonment, five times a fine) as a result of the crime of this type, the crime committed during the suspended period, the defendant's blood alcohol content exceeds 0.143%, and the defendant's blood alcohol content exceeds 0.143%, on the other hand, the punishment shall be determined as ordered in consideration of various sentencing conditions indicated in the argument of this case, such as the defendant's age, character and behavior,

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