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(영문) 대구지방법원 김천지원 2017.01.10 2016고정630

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On October 19, 2016, at around 18:15, the Defendant driven B Poter truck with approximately 2km alcohol concentration of about 0.139% from the section of approximately 2km to the road in front of the 1031 Sinpo-Eup in the same Sinpo-Eup, the Defendant driven B Poter truck with alcohol content of about 18:15.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on internal investigation by the police (Attachment of field photographs);

1. A written statement of the driver who takes charge;

1. Notification of the results of regulating drinking driving, inquiry of the results thereof, and application of Acts and subordinate statutes to inquire about points of violations;

1. Relevant Article 148-2 (2) 2 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 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. It is acknowledged that the economic situation of the defendant is difficult for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order. However, even if the defendant had been subject to punishment for the same kind of crime, drinking driving is a serious criminal threatening to his/her life and body, and other circumstances, such as the statutory penalty prescribed by the Road Traffic Act, equity of the punishment imposed on a similar case, the age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, etc., the amount of fine in the summary order is too high, in full view of all the circumstances, including the circumstances after the crime.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.