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(영문) 대구지방법원 김천지원 2017.08.31 2017고정275
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On May 1, 2017, the Defendant driven a B-to-pur motor vehicle with approximately 2k alcohol concentration of approximately 0.105% from the section of 2k alcohol level on the part of Maart located in the same Maart in the same Dong, from the front road, from the front road of the Mag-to-si, Sim-si, Simpo-si, Simsi, Simsi-si on May 23:04.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of drinking and statement in the circumstances of the driver of drinking;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act include: (a) the Defendant supported his/her father and her mother with the intellectual disability; (b) the favorable circumstances such as the economicly difficult situation; (c) the recidivism committed even if having the record of receiving a fine of KRW 3 million due to driving under drinking in 2014; (d) the numerical value of drinking measurement exceeds 0.1%; and (e) the circumstances such as the operation and crackdown of drinking shall be determined as ordered by taking into account all the circumstances.

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