beta
(영문) 의정부지방법원 2020.11.26 2020고정1449

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

Around 22:20 on August 31, 2020, the Defendant driven a D B-house while under the influence of alcohol concentration of about 0.058% from around 600 meters to around 3, 200 meters to around 1, 200.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

1. Making a report on the control of drinking driving;

1. Application of statutes on site photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 3 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) of the provisional payment order are the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in the instant case and reflects his mistake, and that the defendant

However, considering the fact that drinking driving is a crime threatening to the life and body of himself/herself and others, it is necessary to strict punishment in consideration of the social danger and harm, and that the blood alcohol concentration at the time of the instant crime is not lower than 0.058%, and that the Defendant has a record of criminal punishment on several occasions, such as one time of the sentence, four times of the suspension of the execution of imprisonment, etc., it is deemed that the punishment of a summary order against the Defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.