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(영문) 의정부지방법원 2018.12.12 2018고단4108

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 6,000,000.

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

Reasons

Punishment of the crime

On July 2, 2008, the Defendant was issued a summary order of KRW 700,000,000 as a fine for a violation of the Road Traffic Act at the Incheon District Court on July 2, 2008, and KRW 6,000,000 as a fine for the same crime.

On August 5, 2018, the Defendant driven a BS-type car under the influence of alcohol content of approximately 0.067% during blood, from around the street in front of the Shindong-dong apartment to the front of the Hank-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong-dong apartment.

Summary of Evidence

1. Statement by the defendant in court;

1. A protocol concerning the examination of the police officers of the accused;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. A previous conviction in judgment: Application of a reply to inquiry, such as criminal history, report on investigation (verification of the same type of force, etc.);

1. Article 148-2 of the Road Traffic Act, Articles 148-2 (1) 1 and 44 (1) of the same Act concerning facts constituting an offense, the selection of a fine, and the selection of a fine;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act is that the Defendant repeatedly drives drinking while having the record of being sentenced to a fine due to drinking as stated in the facts constituting a crime in the judgment, and thus, there is a high possibility of criticism.

However, the defendant was driving the previous drinking after drinking, and there was a somewhat time interval between drinking and driving, and after 2013, there was no detection of drinking due to drinking after drinking, considering the circumstances favorable to the defendant.

There is no criminal offense against the defendant over probation.

In addition, the sentence as ordered shall be determined by comprehensively taking into account the alcohol content at the time of blood alcohol concentration, age, sex, environment, motive and background leading to the instant crime, means and consequence, circumstances before and after the instant crime, and other factors of sentencing as shown in the argument in the instant case.