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(영문) 대구지방법원 김천지원 2017.06.27 2016고단826
도로교통법위반(음주운전)등
Text

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

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

Reasons

Punishment of the crime

On June 14, 2016, the Defendant operated a motor bicycle under the influence of alcohol of about 0.182% in alcohol without obtaining a motor device bicycle license from a section of approximately 200 meters from the front of the mountain culture center of the mountain city located in the East-si, Busan Metropolitan City to the front road of the National Agricultural Cooperative of the Busan Metropolitan City located in the same Ri, the Defendant driven a motor bicycle under the influence of alcohol of 0.182% in blood.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving at home, report on the circumstances of the driver at home, and inquiry into the results of crackdown on drinking;

1. Application of Acts and subordinate statutes to the ledger of driver's licenses;

1. Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol) concerning facts constituting an offense, and Article 154 subparagraph 2, and Article 43 of the Road Traffic Act (the point of driving a motor device or bicycle without a license);

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 of Article 334(1) of the Criminal Procedure Act in the order of provisional payment is that the defendant has a history of being subject to each criminal punishment once due to the driving of Oraltobane without a license, and the driving of Oraltobane alcohol and without a license.

At the time of the instant crime, the amount of alcohol concentration among the blood of the Defendant is high.

The Defendant was sentenced to imprisonment with prison labor for the purpose of preventing the present building and committed the instant crime during the suspension of execution.

However, the defendant is deeply against the crime of this case.

There is no record of criminal punishment exceeding a fine for the same crime.

The above circumstances include equity in similar cases, and all the conditions of sentencing, including the defendant's age, sex, family relationship, and circumstances after the crime, shall be determined as per the disposition.

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