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(영문) 서울남부지방법원 2018.11.01 2018고단4823
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On September 1, 2018, around 00:55, the Defendant driven a DNA cargo vehicle with a alcohol level of about 0.073% while under the influence of alcohol at approximately 150 meters from the front of Guro-gu Seoul to the front of Guro-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to make a statement on the circumstances of a driver driving and the results of crackdown on drinking driving;

1. Article 148-2 (2) 3 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of an alternative fine for punishment;

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

1. Defendant shall be punished by a fine, taking into account the following: (a) although there has been two-time driving records on the grounds of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order; (b) these records have been relatively old; (c) the drinking volume is relatively low; and (d) there is no history of punishment heavier than a suspended sentence.

It is so decided as per Disposition for the above reasons.

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