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(영문) 대전지방법원 천안지원 2019.05.28 2019고정198
도로교통법위반(음주운전)
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

At around 23:30 on January 19, 2019, the Defendant driven a Maz car at a section of about 500 meters around the roads adjacent to Asan City, in front of a restaurant located in Asan City B, while under the influence of alcohol of 0.097% of alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. Notification of the control results of drinking driving, application of Acts and subordinate statutes to the report on the state of drinking drivers;

1. Article 148-2(2)3 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act of the provisional payment order requires strict punishment for a crime that is highly dangerous to harm the life and body of others.

The defendant's blood alcohol concentration is not lower than 0.097%.

However, the defendant recognizes his mistake and does not have the record of committing the same kind of crime.

In addition to this, the defendant's age, character and conduct, environment, circumstances of crime, and circumstances occurring in the trial process shall be determined as ordered by considering various circumstances.

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