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(영문) 의정부지방법원 고양지원 2016.11.15 2016고단1555

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On December 16, 2015, at around 10:00, the Defendant driven a vehicle of approximately 15km in the section of 15km from 50-gil-ro 1315 to the front road of the Seoul Seongbuk-ro 202, as the Defendant was under the influence of alcohol content of 0.138% with a blood alcohol content of 0.138%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to inquiry into the results of the drinking driving control;

1. Relevant Article of the Act on Criminal Facts and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act (Selection of Fine) concerning the Selection of Punishment;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Grounds for sentencing under Article 334 (1) of the Criminal Procedure Act of the provisional payment order;

1. The scope of punishment by law: Fines of three million won and five million won; and

2. Whether to apply the sentencing criteria: It is a negative case and a sentence of fine.

3. A fine of three million won for the decision of sentence (the details and result of the crime, the fact that the defendant is a primary offender, and other factors such as the age, character and conduct, etc. of the defendant);