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(영문) 의정부지방법원 2017.11.16 2017고정2230

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,000,000.

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

Reasons

Punishment of the crime

On July 5, 2017, the Defendant driven Category C cargo vehicles with approximately 1.5km alcohol content of about 0.067% in blood, while under the influence of alcohol, to the road near the Maternal Environment, located in the front of the dwelling site in Spocheon-si B, 2017.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, and a report on the circumstances of the driver;

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

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. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the blood alcohol concentration in the blood is not relatively high by 0.067%, etc., which are favorable 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 fact that there is the history of punishment for the same and similar crimes, the balance of the general amounts of punishment in the same and similar cases, and other various circumstances, including the defendant's age, sex, intelligence and environment, motive, means and consequence of the crime in this case, circumstances after the crime, criminal records, family relations, economic circumstances, etc., which are the conditions for the sentencing in this case, shall be determined as per the disposition.