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(영문) 서울남부지방법원 2017.08.10 2017고단2246

도로교통법위반(음주운전)

Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On May 14, 2017, at around 02:47, the Defendant driven a B-ho vehicle with a alcohol content of about 10 meters from the border of Yeongdeungpo-gu Seoul Metropolitan City to the roads of about 312 Gamasan-ro 312, the Defendant driven a B-ho vehicle with a alcohol content of about 0.123% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Selection of an alternative fine for punishment;

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

1. The fact that the reason for sentencing of Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act is two times, and the degree of drinking is relatively heavy, etc. are disadvantageous to the defendant.

However, there are favorable circumstances such as long-term driving skills of previous drinking, there is no punishment for suspension of execution or more, support for family while engaging in livelihood business, etc.

The defendant shall be punished by a fine in full view of such various circumstances as the defendant's age and family environment and the sentencing conditions stipulated in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.