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(영문) 서울서부지방법원 2019.07.02 2017고단3797
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

Around 01:58 on June 27, 2017, the Defendant driven DK7 car at a section of approximately 2 km from “C” parking lot located in Mapo-gu Seoul Metropolitan Government “C,” with a blood alcohol concentration of 0.301%.

Summary of Evidence

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to reports on the statement of the status of a drinking driver, and reports on detection of a drinking driver;

1. Article 148-2(2)1 and Article 44(1) of the former Road Traffic Act (Amended by Act No. 15530, Mar. 27, 2018); the choice of fines for criminal facts;

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

1. In view of the fact that the statutory punishment for the drinking-driving crime has been continuously aggravated due to the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order (unfavorable circumstances) due to the continuous occurrence of a serious social harm caused by a drinking-driving, and changes in the legal sentiment of the general public, there is a need for a strict punishment for

At the time of the instant crime, blood alcohol concentration is very high.

[Modern circumstances] The punishment power for the same crime is about 15 years, and there is no record that the defendant has been punished.

Other circumstances, such as the age, character and conduct, the environment, the motive and background of the crime, the result of the crime, and the circumstances after the crime, etc., which are the conditions for the sentencing as shown in the arguments in this case, shall be determined as the sentence as ordered.

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