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(영문) 서울동부지방법원 2017.09.12 2017고정958
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

Around 13:30 on May 15, 2017, the Defendant driven a car A4 B under the influence of alcohol with approximately 0.139% alcohol concentration in the 5km section from the road on which it is impossible to identify the Gangnam-gu Seoul Samsungdong from the 13:30 on the roads where it is impossible to identify the Gangnam-gu Seoul Samsungdong, Songpa-gu, Seoul Olympic Games to the roads front of 326 (New Dong-dong).

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of driving a drinking and the results of regulating 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. The grounds for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that there is no record of criminal punishment against the Defendant for the reason of sentencing in the Nowon Station’s detention, the fact that the minimum statutory penalty is a fine of 3 million won in the case of drunk driving between 0.1 percent and 0.2 percent of alcohol in blood, and that the distance of the Defendant driving the vehicle, etc., even if considering the sentencing conditions indicated in the instant trial, it does not seem that the amount of fine prescribed in the summary order is excessive.

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