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(영문) 대구지방법원 안동지원 2017.03.31 2017고단9
도로교통법위반(음주운전)등
Text

1. The sentence against the accused shall be five million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

The defendant is a person who drives a Bchip car.

On December 28, 2016, at around 00:35, the Defendant driven the said car at a level of about 700 meters for the Hyundai Apartment Road located in the same Dong on the front of the “ Love Sea” week where he/she is under the influence of alcohol level of 0.137% during the period of suspension of a driver’s license (from December 13, 2016 to March 22, 2017).

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the occurrence of a traffic accident, a report on observation of the situation of a driver who takes driving, a report on the results of regulating drinking and a report on actual condition;

1. The application of Acts and subordinate statutes to each investigation report and accompanying materials;

1. Driving under the relevant legal provision on criminal facts: Article 148-2 (2) 2 of the Road Traffic Act and Article 44 (1) of the Road Traffic Act: Subparagraph 1 of Article 152 of the Road Traffic Act and Article 43 of the Road Traffic Act;

1. Articles 40 and 50 of the Criminal Act of the Commercial Competition;

1. Selection of an alternative fine for punishment;

1. The reasons for sentencing under Articles 70(1) and 69(2) of the Criminal Act, which are disadvantageous to the Defendant, have not yet lapsed after the Defendant was sentenced to a fine due to the recent crime of drinking alcohol driving, shall be considered as circumstances favorable to the Defendant, taking into account the Defendant’s entire confession and reflect on the instant crime, and the Defendant’s absence of any other criminal record, other than the above drinking driving record, and the sentence shall be determined as ordered by taking into account all other circumstances, such as the Defendant’s age, sex behavior, environment, and circumstances after the crime.

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