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(영문) 의정부지방법원 고양지원 2017.03.23 2017고단332
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On December 24, 2016, the Defendant driven a bicycle C 110cc engine device under the influence of alcohol concentration of about 0.194% at the 1km-ro 48-15 on the same day, around the same day from 03:40 on the same day, from the fluen-ro 78-14, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoyang-gu, Seoul, to the 03:40 on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking, inquiry into the results of regulating the driving of drinking, the circumstantial report of the driver of drinking, the statement of alcohol during blood and the application of Acts and subordinate statutes to the report on detection of the driver of drinking

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

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act with respect to the order of provisional payment is a relatively high amount of alcohol concentration in the blood of this case, and the Defendant again committed the instant crime during the period of repeated crime.

However, the criminal record of the above repeated crime is due to the crime of dual species, and the defendant is in profoundly against the crime of this case.

In addition, the conditions of sentencing as shown in the records and theories of the case, such as the age, sex, environment, etc. of the defendant, shall be equally considered in determining the same punishment as the order.

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