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(영문) 대구지방법원 김천지원 2016.11.29 2016고정486
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On August 18, 2016, at around 00 00:08, the Defendant driven a balmp-turd vehicle with approximately approximately 300 meters alcohol content 0.187% under the influence of alcohol at a section of about 300 meters from the parallel restaurant located in the Jinnyeong-dong at Gunsi, Sinsi-si to the same 21-1st road at that time.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under consideration, and the statement on the state of standing of the motor vehicle under consideration;

1. Application of Acts and subordinate statutes to inquiry into the results of drinking control;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is that the defendant is the primary offender, and that the defendant reflects his wrong recognition. However, considering the fact that the blood alcohol content of the instant case is considerably higher than 0.187%, it is not deemed that the amount of fine in the summary order is too high in light of all the circumstances that are conditions for sentencing, including equity in statutory punishment, the age of the defendant, character and conduct, environment, motive, means and consequence of the crime, etc., as prescribed by the Road Traffic Act, and the amount of fine in the summary order.

Therefore, the punishment is determined as ordered.

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