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(영문) 서울동부지방법원 2019.10.28 2019고단2919
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine not exceeding ten million won.

When the accused does not pay a fine, 100,000 won shall be converted into one day.

Reasons

Punishment of the crime

On August 30, 2019, at around 03:48, the Defendant driven a C-A-to-purd motor vehicle under the influence of alcohol concentration of 0.172% on the front of Seongdong-gu Seoul on the road.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes in the place of measurement records;

1. Penalty provisions of Article 148-2 (3) 2 and Article 44 (1) of the Road Traffic Act. (Selection of Fine)

1. Although the reason for sentencing under Articles 70(1) and 69(2) of the Criminal Act was defective during the period of repeated crime, it is somewhat harsh to impose a sentence by selecting imprisonment in full view of the following: (a) the three years have passed since the release of the prison; and (b) there are no other past records other than those subject to a disposition that is not entitled to prosecution due to assault until the release of the prison; and (c) the same military force was subject to juvenile protective disposition.

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