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(영문) 대구지방법원 김천지원 2017.01.10 2016고정632
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 October 21, 2016, at around 22:50, the Defendant driven B Poter truck with approximately 10 meters alcohol concentration of 0.092% while under the influence of alcohol, from the 11-lane 44, Gosi-si, Gosi-ro, Gosi-ro, Gosi-ro, Do, to the front road of the apartment site at the entrance of the same apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

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 of the Provisional Payment Order, 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 for the same kind of crime despite the fact that the defendant had the record of punishment, drinking is a serious criminal threatening his/her life and body, drinking driving is a serious criminal, and other circumstances, such as the statutory penalty prescribed by the Road Traffic Act, equity of the punishment imposed on a similar case, age, sex, sex, environment, motive, means and consequence of the crime, etc.

It does not seem that it does not appear.

Therefore, the punishment is determined as ordered.

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