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(영문) 서울남부지방법원 2014.04.23 2014고단353
도로교통법위반(음주운전)
Text

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

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

On January 21, 2014, at around 23:13, the Defendant driven a DSS5 vehicle under the influence of alcohol leveling 0.169% from the 4km section, from the front of the luminous Lighting-dong, to the front of the 6-8 Gyeongyang-dong, Annyang-si, Annyang-si, Annyang-si, the Defendant was under the influence of alcohol leveling 0.169%.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes governing requests for appraisal;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Sentencing sentencing grounds of Article 334(1) of the Criminal Procedure Act of the provisional payment order under Article 334(1) is relatively high, and the defendant has a record of being punished for the same kind of crime in 2008. However, although the defendant recognized his mistake and reflects it, the number of drinking measured by the pulmonary measurement method at the time of the instant case was 0.112%, the disposal of the vehicle that was driven after the instant case, there was no record of being sentenced to the punishment heavier than the punishment and fine after 209, and all other sentencing conditions, such as the defendant's age, character and conduct, family environment, etc., are considered.

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