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(영문) 대구지방법원 김천지원 2017.11.21 2017고단1274

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 2.5 million won.

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

Reasons

Punishment of the crime

On August 11, 2017, the Defendant driven B rocketing car with a distance of about 1m alcohol content of about 0.216% from the blood alcohol level to the parking line located at the 309 parking lot of yellow apartment 309, a yellow-ro 115, an old-si inspection, around 20:10 on August 11, 201.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to reports on the circumstances of driving a drinking driver, reports on the circumstances of a drinking driver, and inquiries about the results of regulating drinking;

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

1. Article 53 and Article 55 (1) 3 of the Criminal Act (Article 55 and Article 55 (1) 3 of the Criminal Act (The following extenuating circumstances among the reasons for sentencing)

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment has a record of being subject to criminal punishment once for the same crime, and the amount of alcohol concentration in the blood of the defendant at the time of the instant case is high.

However, the defendant is re-competing.

The defendant has no history of criminal punishment exceeding a fine.

The driving distance of the instant case is very short and there are circumstances to consider the driving route.

In the above circumstances, the punishment shall be determined as per Disposition by comprehensively taking into account all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime.