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(영문) 대전지방법원 서산지원 2013.04.11 2013고합15
도로교통법위반(음주운전)등
Text

Defendant shall be punished by a fine of KRW 8,000,000.

If the defendant does not pay the above fine, 50,000 won.

Reasons

Punishment of the crime

On September 25, 2008, the Defendant was issued a summary order of KRW 2 million with a fine for a violation of the Road Traffic Act by the Cheongju District Court on September 25, 2008, and on November 14 of the same year, the Defendant was issued a summary order of KRW 3 million with the same crime by the same court.

On August 23, 2012, the Defendant driven a shower car owned by the Defendant at approximately 200 meters from the front of the “GS25” drinking road in front of the “S25” convenience store, in a state of drinking 0.273% of blood alcohol concentration without obtaining a driver’s license on August 23, 2012.

Summary of Evidence

1. Defendant's legal statement;

1. Protocol of the police statement concerning B;

1. Report on detection of a host driver and report on the circumstances of a host driver;

1. The user ledger of the measuring instruments for drinking;

1. Registers of driver's licenses;

1. Previous records: Application of inquiries, such as criminal records, and investigation reports (attached to previous records and certified copies of the summary order) Acts and subordinate statutes;

1. Relevant provisions of Article 148-2 (1) 1, and Article 44 (1) of the Road Traffic Act concerning the facts constituting a crime (the point of a sound driving) and subparagraph 1 of Article 152 of the Road Traffic Act and Articles 152 and 43 of the Road Traffic Act;

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

1. Selection of an alternative fine for punishment;

1. Articles 70 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 is that, even if a breathbbling of the sentencing order does not result in a high risk of acquiring another person’s life and property, it is necessary to strictly punish the person in itself even though it does not actually lead to a serious result.

As stated in the facts of the crime in the judgment, the Defendant has already been punished for drinking driving two times, and the blood alcohol concentration at the time exceeds 0.2%. They are repeatedly driving for drinking, and the blood alcohol concentration at the time of the crime in this case is considerably high by 0.273%.

The sentencing shown in the records and arguments, such as the age, character and conduct, living environment, criminal record and circumstances after the crime.

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