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(영문) 대구지방법원 안동지원 2018.05.18 2017고정226
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of 1.5 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On November 9, 2017, the Defendant driven a motor vehicle with a alcohol level of approximately 500 meters from the front line of the “ Love Sea,” which is located in the Saly-si, Saly-si, Saly-si, Saly-si, Saly-si to the Grand Energy Direction Road located in approximately 425 meters in approximately 50 meters from the front line of the “ Love Sea,” to the Ggal-si, Sari-dong (B) with a alcohol level of about 0.057%.

Summary of Evidence

1. Statement by the defendant in court;

1. Notification of the results of regulating the driving of drinking alcohol, the statement of the circumstances of the driver of drinking alcohol, and the application of Acts and subordinate statutes to report on investigation;

1. Article 148-2 of the Criminal Act applicable to the crime, Articles 148-2 (2) 3 and 44 (1) of the Criminal Act, the selection of fines for the crime, and the selection of fines;

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

1. Reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant’s blood alcohol concentration level is not high; (b) the Defendant’s health status is not good; and (c) the Defendant appears as a recipient of basic living benefits due to economic difficulties; and (d) the circumstance favorable to the Defendant.

However, even though the Defendant had had the record of criminal punishment once due to drinking driving, the Defendant committed the instant crime, and in addition, in light of the Defendant’s age, sex, environment, background of the crime, and circumstances after the crime, it is difficult to view that the amount of fine determined by the summary order is excessive, and therefore, the punishment shall be determined like the order.

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