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(영문) 대전지방법원 홍성지원 2013.12.23 2013고단974
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,500,000.

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

Reasons

Punishment of the crime

On November 4, 2013, around 19:30 on November 4, 2013, the Defendant driven B cargo vehicles under the influence of alcohol with a blood alcohol concentration of about 0.124% from the 1km to the Aju Electric Intersection, which is located in the Mari-gu budget Eup of the Chungcheongnam-gun Budget-gun.

Summary of Evidence

1. Defendant's legal statement;

1. Statement of the police statement regarding C;

1. Report on traffic accident (report on actual condition of traffic accident 1, 2);

1. On-site photographs;

1. Inquiry into the enemy;

1. A report on detection of a host driver;

1. Application of Acts and subordinate statutes to written circumstantial statements of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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 the Defendant already committed the instant crime in spite of the fact that the Defendant had been sentenced to a fine and a suspended sentence due to the same violation of the Road Traffic Act on two occasions, and at the same time, the Defendant had committed the instant crime. The blood alcohol concentration level at the time is significant, etc., which are disadvantageous to the Defendant. Meanwhile, the Defendant appears to be contrary to the Defendant’s favorable sentencing factors, such as the confession of the instant crime, and the fact that the Defendant appears to be contrary to the Defendant’s favorable sentencing factors, taking into account the Defendant’s age, character and behavior, environment, etc. In addition, the Defendant’s prior disposition of fine is to be taken by comprehensively taking into account

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