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(영문) 서울동부지방법원 2017.09.22 2017고정881
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On March 26, 2017, at around 06:30, the Defendant driven a car at Buratom with a alcohol concentration of about 0.150% from the 300-meter section from the 300-distance road of Gangdong-gu Seoul Metropolitan Government to the 78-way road as adjusted in Gangdong-gu Seoul.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of the Acts and subordinate statutes governing the statement of the circumstances of drivers of drinking alcohol and records of drinking alcohol measurement;

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. Taking into account the facts alleged by the Defendant and the fact that the reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order causes an accident due to the instant crime, and the Defendant has the record of having been punished twice as the same type of crime, the amount of fine specified in the summary order is excessive even if all of the circumstances alleged by the Defendant and other sentencing conditions are considered.

It does not seem that it does not appear.

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