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(영문) 의정부지방법원 2017.12.14 2017고정2368

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

On July 27, 2017, the Defendant driven a cub car in B while under the influence of alcohol leveling 0.177% in alcohol leveling to approximately 300 meters from the front of a non-permanent restaurant near the sloping Dog-si to the front side of the Guri-si 298, Gri-si.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 148-2 (2) 2 and Article 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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are examined, and the fact that the defendant recognized the criminal facts of this case and reflected his mistake is recognized as favorable circumstances to the defendant.

On the other hand, the driving of drinking is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.177%, and there is a history of being punished for the same kind of crime. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime in this case, circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the sentencing in this case.