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(영문) 서울서부지방법원 2017.07.20 2017고정681

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

The defendant is a person who drives a two-way passenger car.

On February 8, 2017, the Defendant driven approximately 30 meters of the above vehicle from the headline of Eunpyeong-dong in Seoul to the same road 395-14 under the influence of alcohol level of 0.096% during blood transfusion around 00:05.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act requires a strict punishment in that the act of driving alcohol on grounds of the sentencing is highly likely to cause traffic interference or cause accidents. However, prior to the instant case, the Defendant has no record of being punished in addition to that of having been sentenced once to a fine for this type of crime, and the Defendant appears to have been able to raise two married children and live in an economically difficult life, taking into account all the sentencing conditions, such as the Defendant’s age, sex, environment, prosecutor’s life, etc.