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(영문) 대구지방법원 김천지원 2017.01.17 2017고정3

도로교통법위반(음주운전)등

Text

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

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

Reasons

Punishment of the crime

The defendant is a person driving a BM5 vehicle.

The Defendant, from August 23, 2016 to November 30, 2016, was under suspension of the driver’s license. On November 11, 2016, the Defendant driven the said car under the influence of alcohol content of about 0.103% from the 15km section to the road following a fright apartment in the 15k section of a fral degree-based restaurant located in the Dong of the Gu-Si of the Gu-Si of the Gu-U.S. on November 11, 2016.

Summary of Evidence

1. Statement by the defendant in court;

1. Reports on internal investigation and investigation reports (Attachment of photographs);

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. The application of Acts and subordinate statutes to a written inquiry about the results of regulating drinking driving, the ledger of driver's licenses, and a detailed statement of disposition of driver

1. Relevant Article of the Act and Articles 148-2 (2) 2, 44 (1) (the point of drinking) of the Road Traffic Act concerning the facts constituting an offense, and Articles 154 subparagraph 2 and 43 of the Road Traffic Act (the point of driving without a license) of the same Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

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 reason for sentencing under Article 334(1) of the Criminal Procedure Act is deemed to be against the defendant, and economic circumstances are deemed difficult, but the defendant committed each of the crimes of this case since he was subject to the disposition of suspension of driver's license on August 21, 2016. The drinking driving is a serious criminal threatening another person's life and body, and the statutory punishment prescribed by the Traffic Act is imposed on a similar case, and the punishment imposed on a similar case is deemed to be excessive in light of all the circumstances, including equity, age, sex, environment, motive, means and consequence of the crime, etc., as a whole, the amount of fine in the summary order is too high.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.