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(영문) 대전지방법원 홍성지원 2017.11.02 2017고정237
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On April 9, 2017, from around 13:40 to 14:40, the Defendant driven B cargo while under the influence of alcohol with approximately 0.168% alcohol level from about 69-15, Sari-distance to the 144 central construction sections in Bosa City, Bosa City to the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Notification of the results of regulating drinking driving;

1. A report on internal investigation:

1. Application of Acts and subordinate statutes on investigation reporting;

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

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

1. Social requests are strong that the punishment for driving on the ground of the sentencing of Article 334(1) of the Criminal Procedure Act should be strengthened.

In addition to the fact that the defendant has already been a previous record of the same kind, the result of the measurement of drinking (the defendant's health status is not good and so excessive values have been given compared to the drinking volume.

However, it seems clear that the defendant was under the influence of alcohol at the time of the crime, taking into account the various circumstances shown in the arguments in this case, such as the age, sex, environment, method and mode of the crime, and the situation before and after the crime, the punishment like the text shall be determined.

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