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(영문) 의정부지방법원 2017.11.21 2017고단2439
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On April 13, 2017, the Defendant driven C K5 cars with alcohol content of about 0.275% from approximately 80 meters away from the 17th-way road to the 6th-way road in the Gui-si, Mari-si, Li-si, Li-si, Gi-si, Li-si, 83:00 to the 80-way road.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the statutes of the response request for appraisal;

1. The provision of Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act and the selection of punishment for a crime under the relevant Act;

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 was that the Defendant driven the instant drinking during the period of suspension of execution, and the alcohol concentration in blood was 0.275% higher, and the Defendant was 0.275% higher, and the Defendant was able to take a bath to the police officer at the time of enforcement, and the circumstances after the crime are not good.

However, the distance of the defendant's driving is about 80 meters, but the crime during the period of the suspension of execution is not the same kind of probation, but the probation is the suspension of execution, the reflects that there is no criminal record of the same kind or more than the suspension of execution, and the concentration of alcohol in the blood by a drinking measuring instrument was 0.1% (in most cases of drinking driving, the blood alcohol concentration by the drinking measuring instrument becomes the basis for sentencing in most cases, so in this case, as well as the blood alcohol concentration by blood collection as well as the blood alcohol concentration by the drinking measuring instrument are also considered in sentencing) shall be determined by a fine only once in this case.

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