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(영문) 의정부지방법원 고양지원 2016.11.24 2016고단2317

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

At around 00:30 on August 13, 2016, the Defendant driven a car with approximately 500 meters away from the roads near Roneone Star-dong, Yongsan-gu, Sinyang-si, Sinyang-si, to the front road of the 17th apartment complex of Goyang-si, Sinyang-si, Seoyang-si, the Defendant driven a car with approximately 0.127% alcohol concentration while under the influence of alcohol level 0.127%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to the circumstantial report on a host driver;

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 the sentencing criteria are applied: It is a crime or a fine case for which the sentencing criteria are not set.

3. A fine of four million won imposed for a sentence (the circumstances of the crime, drinking alcohol, criminal records, relationship of criminal records, family relationship to be supported, age, character and conduct, etc. of the defendant);