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(영문) 대전지방법원 천안지원 2019.06.25 2019고정241
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On December 7, 2018, while under the influence of alcohol at 0.17% on blood alcohol level around 23:10, the Defendant driven a D-II cargo vehicle at approximately KRW 20km from the front road of the Seo-dong Office located in Seo-gu, Seoan-gu, Seoan-gu, Seoan-gu, Seoul to the roads in front of the Coil Station B in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to notification of the circumstantial statements of a drinking driver and the control of drinking driving;

1. Article 148-2(2)2 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. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The reason for sentencing of Article 186(1) of the Criminal Procedure Act requires strict punishment for a crime that is highly dangerous to the life and body of another person.

The defendant's blood alcohol concentration is considerably higher than 0.177%, and the drinking driving caused a traffic accident.

However, the defendant has recognized his mistake, and there is no previous conviction in the same kind.

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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