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(영문) 서울북부지방법원 2017.03.23 2016고단5277
도로교통법위반(음주운전)
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 August 17, 2016, around 00:10, the Defendant driven a B B B B B-W motor vehicle (BM) with alcohol content 0.231% under the influence of alcohol from the section of approximately 1km from around 1km to around 35, 4.19, 11-o, 35, 4.19.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to the statement of the situation of a driver of a vehicle driving, the output of a drinking measuring instrument, and the report on detection of the driver;

1. Relevant Article 148-2 (2) 1 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act, even though the defendant had the record of being punished for driving under the previous drinking, and again commits the instant crime, considering the fact that the amount of alcohol concentration in the blood during the instant crime is very high to 0.231%, and that an accident occurred during driving, etc., a punishment shall be imposed in consideration of the circumstances favorable to the defendant, such as the fact that the defendant recognized the instant crime and against the mistake, etc.

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