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(영문) 서울중앙지방법원 2017.11.22 2017고단6624
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 31, 2017, around 02:16, the Defendant driven DMW car under the influence of alcohol concentration of about 0.242% during blood while driving from the front side of the 'Yandong-dong 24, which is located within 101,00,00 Gangnam-gu, Seocho-gu, Seoul, to the front side of the 'Yandong-dong 15,000 old new distribution route.'

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver working at the main place, investigation report (No. 3) and report on the detection of the driver working at the main place;

1. Application of Acts and subordinate statutes (No. 6 No. 1) of a photograph of the measurement of driving equipment of a person under influence;

1. Article 148-2 (2) 1 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative fine (a relatively recent 2015, the Defendant had been punished for drinking in 2015, but is again driving under drinking again, and the amount of alcohol concentration in blood is very high at the time of detection, and there are various circumstances unfavorable to the Defendant.

On the other hand, there are conditions favorable to the defendant, such as the fact that the defendant is both aware of the facts of the crime and reflects the fact of the crime, and that there is no particular criminal history except that punishment has been imposed once before the case.

In full view of these all the circumstances, the defendant shall be punished by a fine only once.

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

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