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(영문) 서울남부지방법원 2017.11.02 2017고단4409
도로교통법위반(음주운전)
Text

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

Where a defendant fails to pay a fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On August 30, 2017, around 15:23, the Defendant driven a C Sspo-type car under the influence of alcohol concentration of about 0.177 percent at a section of about 300 meters from the front and front of the 421 Dok-dong Home Plus, located in Geumcheon-gu Seoul Metropolitan Government, to the front and front of the 376 Dokpo-dong Home Plus, as it was located in the same Gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to notify the results of regulating drinking driving;

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

1. Selection of an alternative fine for punishment;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the order of provisional payment is that there is a history of driving alcohol and a history of driving without a license after 2015, and that the drinking volume is relatively high, etc. are disadvantageous to the Defendant.

However, there are favorable circumstances such as the absence of any other criminal punishment, the reflection of the fact, and the maintenance of a smooth social relationship with a certain occupation.

The defendant shall be punished by a fine in full view of such various circumstances as the defendant's age and family environment and the sentencing conditions stipulated in Article 51 of the Criminal Act.

It is so decided as per Disposition for the above reasons.

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