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(영문) 의정부지방법원 2020.06.25 2020고정810

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of 12 million won.

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

At around 00:50 on February 22, 2020, the Defendant moved to drive a car in a state of alcohol alcohol concentration of 0.223% under the influence of alcohol at approximately 500 meters from the Do in front of the B Village in the Gyeonggi-si, Yangju City to the roads of the Gyeonggi-si.

Summary of Evidence

1. Defendant's legal statement;

1. The application of Acts and subordinate statutes, such as a written appraisal of blood alcohol, a report on the results of the regulation of drunk driving and a survey on actual condition;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (3) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

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

1. The sentencing conditions specified in Article 334(1) of the Criminal Procedure Act, which include the following circumstances, shall be determined as ordered in consideration of all the sentencing conditions specified in the instant case.

The favorable circumstances: The defendant's recognition of the crime of this case is against the defendant, and the situation unfavorable to the defendant has no record of being punished for the same kind of crime: the drinking driving is a crime that may cause damage not only to the driver's life or property but also to the injured person and needs to be punished strictly. The blood alcohol concentration level is considerably higher than 0.223%, and the risk of drinking driving is realized, and the traffic accident occurs. However, there is no casualties other than the defendant due to the single accident of the defendant's vehicle.

that it appears to have been