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(영문) 대구지방법원 김천지원 2017.02.14 2017고정41
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

On November 3, 2016, the Defendant started from the front of the C cafeteria located in Gumi-si B on November 3, 2016, and driven a cub car in F while under the influence of alcohol concentration of about 0.093% while driving a cub car at a distance of about 50 meters from the front of the E cafeteria located in D.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances and a survey report on the actual condition of a driver engaged in driving;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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. Although it is recognized that the defendant is against the reason for sentencing under Article 334(1) of the Criminal Procedure Act, it is deemed that the amount of fine in the summary order is too high, comprehensively taking into account all the circumstances, such as the fact that the defendant has been punished several times for the same kind of crime, and the fact that drinking is a serious criminal threatening another person's life and body, and the statutory penalty prescribed by the Road Traffic Act, equity of the punishment imposed on a similar case, the age of the defendant, sexual conduct, environment, motive, means and consequence of the crime, and the circumstances after the crime, etc.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.

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