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(영문) 대구지방법원 김천지원 2017.08.29 2017고단534

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of four million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On March 14, 2017, the Defendant driven B-low-income motor vehicle under the influence of alcohol content of about 100 meters from a section of approximately 100 meters to the road in front of the Green cafeteria, which is located in the Jingu-si, Gosi-si around 23:59, in a state of under the influence of alcohol content of about 0.109%.

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 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. The Defendant, on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act, was subject to criminal punishment once for the same crime.

However, the defendant reflects the crime of this case.

In the above circumstances, the punishment as ordered shall be determined by comprehensively taking into account the following circumstances: (a) the Defendant’s age, sexual conduct, family relationship, and circumstances after the crime, including the Defendant’s blood alcohol content, the background and distance of driving of the instant drinking, equity in similar cases, etc. at the time of the instant crime.