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(영문) 전주지방법원 군산지원 2019.02.27 2019고정1

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 2,000,000.

If the defendant does not pay the above fine, 100,000 won shall be one day.

Reasons

Punishment of the crime

On October 30, 2018, at around 21:10, the Defendant driven a DNA rocketing car on the roads near C in the military mountain, under the influence of alcohol level of 0.149%.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes to the report on the circumstantial statement of a drinking driver, each report on the results of the control of drinking driving, investigation report (report on the circumstances of a drinking driver), consent to blood collection and confirmation, and inquiry request for appraisal;

1. Relevant Article of the Act and Articles 148-2 (2) 2 and 44 (1) of the Road Traffic Act, the choice of fines for criminal facts, and the selection of fines;

1. Articles 53 and 55 (1) 3 of the Criminal Act for discretionary mitigation;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the order of provisional payment is that the defendant should not recognize and repeat the crime, although the same criminal history has been one time, it has been long-term for 2007, the defendant's distance of driving under the influence of alcohol is relatively short and is not found in the place where the defendant is a substitute driving engineer, and thus, he is deemed to have been engaged in driving for the purpose of deceiving the substitute driving engineer. The defendant bears a large amount of obligation, and economic circumstances are very difficult, taking into account the blood alcohol concentration concentration level at the time of the crime of this case, and the defendant's age, character and behavior, environment, motive, means and consequence of the crime, the circumstances after the crime of this case, etc., the punishment shall be determined as per the order as ordered in consideration of the following conditions of sentencing.

(In light of the fact that the defendant has the same criminal history as the defendant one time, that if the substitute driver fails to find a way, it should have been moved to the way, and that such reason is difficult to be a circumstance to justify the driving of drinking, and that a strict punishment is needed for the driving of drinking, it is not appropriate to sentence the defendant to suspend the execution of a fine).