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(영문) 대전지방법원 홍성지원 2020.01.14 2019고정25
도로교통법위반(음주운전)
Text

The sentence against the accused shall be five million won or more.

When the defendant does not pay the above fine.

Reasons

Punishment of the crime

On October 3, 2018, at around 09:45, the Defendant driven C active transport cargo vehicles with approximately 120 km alcohol concentration of 0.275% from the 120km section to the roads of Boan-si, Chungcheongnam-si, Chungcheongnam-si, Chungcheongnam-si.

Summary of Evidence

1. Defendant's legal statement;

1. Report on traffic accident, survey report on the actual condition, report on the control of drinking driving and investigation report (suspect's drinking, measurement, taking and request for appraisal);

1. Application of statutes on site photographs;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 16037, Dec. 24, 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 punishment shall be determined by comprehensively taking into account the following factors: (a) the necessity of eradicating the reasons for sentencing under Article 334(1) of the Criminal Procedure Act; (b) the blood alcohol concentration and the distance from driving; (c) the driving of a motor vehicle by drinking alcohol; and (d) the age, family, criminal record, occupation, and environment of the motor vehicle; and (d) the punishment shall

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