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(영문) 서울동부지방법원 2018.03.29 2017고단3711
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

The Defendant was parked in Pyeongtaek-si B with alcohol content of 0.138% at around August 4, 2017, when he/she was under the influence of alcohol at around 02:00.

C Poter vehicles walk the starting and drive approximately 5 meters repeatedly from the transition and the backward.

Summary of Evidence

1. Statement by the defendant in court;

1. A survey report on actual conditions;

1. Statement of the circumstances of the driver involved in driving;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

1. Article 148-2 of the Road Traffic Act and Articles 148-2 (2) 2 and 44 (1) of the same 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. In light of the fact that the defendant, who has been punished for driving without a license for driving alcohol for the reason of sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order, once again drives alcohol, the liability for the crime is not somewhat weak.

However, considering the fact that the defendant's health conditions, economic situation, sexual conduct, environment, etc., the punishment as ordered shall be determined by taking into account the favorable circumstances, such as the fact that the defendant is erroneous, against the fact that the family is obliged to support, and the fact that it is the situation that the family is obliged to support.

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