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(영문) 대구지방법원 김천지원 2019.01.31 2018고정378
도로교통법위반(음주운전)
Text

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

Where the defendant fails to pay the above fine, one million won shall be the one day.

Reasons

Punishment of the crime

On October 4, 2018, at around 08:35, the Defendant driven a DK5 vehicle under the influence of alcohol with approximately 1-2 km alcohol concentration of about 0.160% from the alleyway near C in the Gu-si, Si-si, Gu-U.S. to the front road of the Gu-U.S. Pyeong Pungdong.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes to a report on the results of the control of drinking driving and the circumstantial statement of drinking drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. Article 334(1) of the Criminal Procedure Act reflects the reason for sentencing of Article 334(1) of the provisional payment order, there are favorable circumstances such as the fact that the defendant was unemployed in the instant case and was in an economically difficult position, and that there was no criminal record for the same kind of crime. However, considering the overall circumstances such as the fact that the blood alcohol concentration is considerably high, the fact that the blood alcohol concentration was controlled by the driver while stopping on the road, the background of the crime, and the circumstances before and after the crime, it is difficult to view that the fine amount of the summary order is too excessive.

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