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(영문) 대구지방법원 안동지원 2016.08.19 2016고단335
도로교통법위반(음주운전)
Text

1. The sentence against the accused shall be two million won;

2. The defendant does not pay the above fine.

Reasons

Punishment of the crime

On April 22, 2016, the Defendant driven B rocketing car under the influence of alcohol content of about 0.064% from the 1km section to the front road of the 37th Doll apartment-ro, Ansan-dong, Andong-dong, 47-gil, the end of the same city to the front road of the 37-gu Taedong-ro, the end of the same city.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the arrest of the occurrence of the case, notification of the result of regulating drinking driving, and a report on circumstantial observation of drivers;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. The reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act, including the fact that the defendant was sentenced to a fine once due to a violation of the Road Traffic Act (drinking), the fact that the defendant was sentenced to a total of five times a fine due to the crime of violating the Road Traffic Act, is disadvantageous to the defendant, due to the circumstances that are unfavorable to the defendant, such as the confession and reflect of all the crimes in this case, the fact that the defendant has no criminal history exceeding the fine, the defendant has been living without the criminal history for the last twelve years, and the fact that the blood alcohol concentration was not high, shall be considered as favorable to the defendant, and the punishment shall be determined as per the order, taking into account all the circumstances shown in the arguments and records of this case, such as the defendant's age, sexual behavior, environment, and circumstances after the crime.

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