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(영문) 대구지방법원 영덕지원 2016.12.23 2016고단252

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On October 28, 2016, at around 17:10, the Defendant driven a motor vehicle D with low alcohol content 0.362% under the influence of alcohol at approximately 16km section from the front of the Defendant’s house located in Ulsan-gun, Ulsan-gun, Uljin-gun, to the intersection-only lane located in Ulsan-gun, Ulsan-gun, Ulsan-gun, Uljin-gun.

Summary of Evidence

Defendant’s legal statement

The punishment as ordered shall be determined in consideration of all the following conditions of sentencing under Articles 148-2(2)1 and 44(1) of the Criminal Procedure Act concerning the occurrence of traffic accidents, reports on the occurrence of traffic accidents, reports on vehicle driving accidents, reports on requests for appraisal (2016-D-6323), traffic accident reports (1)-on-site investigation, car accident investigation, red inquiry, criminal facts subject to the application of the laws and regulations on the ledger of driver's license, and the following conditions of sentencing under Articles 70(1) and 69(2) of the Criminal Act concerning the confinement of Nowon-gu Detainment of Criminal Act (Selection of Fines) and Article 334(1) of the Provisional Payment Order under Article 334(1) of the Criminal Procedure Act, including the age, character and conduct, environment, motive and background of the crime, means

Unfavorable circumstances: The circumstances that cause a traffic accident due to drinking driving, the blood alcohol concentration is very high at the time, and thus the quality of the crime is not good: The defendant repents and reflects his/her mistake, the defendant scraps his/her vehicle while making the defendant not to repeat the crime, and the defendant is an initial offender who has no penal power.