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(영문) 서울서부지방법원 2019.05.09 2019고정130
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

At around 02:40 on September 6, 2018, the Defendant driven a Grand Car from around 100 meters to around 100 meters from the road on which it is impossible to find out whether it is located in the Eunpyeong-gu Seoul Metropolitan Man-dong under the influence of alcohol level 0.17%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the crackdown on drinking driving, and the statement on the state of drinking drivers;

1. Article 148-2(2)2 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order [Incompetence] of the Defendant, even in 2016, was sentenced to a fine by drinking alcohol driving, even though he/she had the criminal history of being punished by a fine.

At the time of the instant crime, blood alcohol concentration is also high.

【Ligue circumstances】 The Defendant acknowledges and reflects his criminal act.

No additional damage has occurred.

The distance of the vehicle is not along.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as

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