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(영문) 대전지방법원 천안지원 2017.03.30 2017고정109
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 6,000,000.

When the defendant does not pay the above fine, 100,000 won.

Reasons

Punishment of the crime

On May 11, 2015, the Defendant driven BM5 car at a restaurant with alcohol content of 0.304% at which it is difficult to know the trade name of Asan City Hot Spring Port while under the influence of alcohol during blood transfusion at around 22:10, the Defendant driven BM5 car at approximately 15 meters in front of the “Stop” located in the same location.

Summary of Evidence

1. Statement by the defendant in court;

1. The actual survey report and on-site photographs;

1. Notification of the results of regulating the driving of drinking alcohol, the application of blood collection consent, and appraisal response statutes;

1. Relevant Article of the Act and Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include the following: (a) details of the instant crime; (b) details of the relevant crime; (c) details of drinking; (d) degree of alcohol in blood; (c) the Defendant was discovered by causing an accident; (d) the criminal records of the Defendant’s criminal punishment (if the Defendant’s three-time penalty records exist; and (e) the blood alcohol content is at least 0.2%, a fine of KRW 5 million is the lowest statutory penalty; (c) the Defendant’s property status and family relation; and (d) the Defendant’s age, sex, environment; (e) circumstances after the commission of the instant crime; and (e) the sentence is determined as ordered

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