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(영문) 의정부지방법원 2017.05.16 2016고단5223
도로교통법위반(음주운전)
Text

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

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

Reasons

Punishment of the crime

On August 20, 2016, the Defendant driven the B B B-house cab while under the influence of alcohol concentration of approximately 0.126% from around 200 meters to the same Eup-Myeon-ro 278, the same Eup-Myeon-ro 42, a 200-lane from the roads located in the Nam-si, Namyang-si, Gyeonggi-do.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on driving alcohol;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act and the selection of fines concerning facts constituting an offense;

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

1. Reasons for and unfavorable circumstances of sentencing under Article 334 (1) of the Criminal Procedure Act of the Provisional Payment Order: The driving before and after drinking (the previous conviction before drinking is about 12 years): Determination of a sentence that has no previous conviction exceeding the fine, reflectivity, the fact that there is no previous conviction, and other factors such as the defendant's age, sex and behavior, environment (the fact that two children of high school students are neglected), the motive of the crime, the circumstances of the crime after drinking, etc.;

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