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(영문) 의정부지방법원 고양지원 2015.09.11 2015고정870
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On March 10, 2015, at around 00:35, the Defendant driven a 1 ton cargo vehicle Cwing-III, while under the influence of alcohol with approximately 400 meters alcohol concentration of about 0.081% at the section from the front of the center for senior citizens located in the 2ndae-Eup, Seoul Metropolitan City to the front of the village entrance in the same Ri.

Summary of Evidence

1. Court statement of the defendant (the second trial date);

1. Application of Acts and subordinate statutes to a report on detection of a host driver;

1. Relevant Article of the Act on the Crime and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, which choose the penalty for the crime;

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

1. Taking account of the amount of fine sentenced in a case similar to the statutory punishment of this case for the reason of sentencing under Article 334(1) of the Criminal Procedure Act, the sentence like the order shall be determined by taking into account the following factors: (a) the Defendant’s primary offender who has no criminal record; and (b) the Defendant’s age, character and conduct, family relationship, criminal records, the background of this case

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