beta
(영문) 의정부지방법원 2018.07.12 2018고정928

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 May 11, 2018, the Defendant driven a B-wing and Ⅲ cargo vehicle while under the influence of alcohol content of about 0.172% at a section of about 300 meters from “the Vice Minister of Public Service” to “the Vice Administrator of Public Service” (hereinafter “The Vice Administrator”) who was acting in the Dongducheon-si Office around 23:45 to “the Mealk International Road” 2297 in the same city of peace.

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries about the results of crackdown on the driving of alcohol, reporting on the circumstances of driving of alcohol, and statement on the circumstances of the driver of alcohol;

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 reasons for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and that there is a dependent on the defendant, and the economic situation seems to be not to proceed with the judicial decision for the judicial decision for the judicial decision for the judicial decision for the judicial decision for the judicial decision for the judicial decision for the provisional payment order,

On the other hand, however, 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 0.172%, the crime of this kind has been punished several times due to the crime of this case, the balance of general punishment in the same and similar cases, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime of this case, the circumstances after the crime of this case, criminal records, family relations, economic circumstances, and other various circumstances that are conditions for the sentencing of this case shall be determined as per the disposition of this case.