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(영문) 의정부지방법원 고양지원 2014.11.13 2014고단1578

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 8,000,000.

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

Reasons

Criminal facts

On June 14, 2014, at around 20:30, the Defendant was under the influence of alcohol with 0.226% of blood alcohol concentration, and the Defendant was driving the C Lebin car at the section of approximately 1 km from the Do in front of the Home Purus in the Dongdong-ri of the Pakistan-si, Chungcheongnam-si, Pakistan-si to the front road of the farm area located in about 383-3 of the Dongdong-ri of the Pakistan-si.

Summary of Evidence

1. Statement by the defendant in court;

2. Application of Acts and subordinate statutes to written reports on running a driver;

1. Relevant legal provisions, Articles 148-2 (2) 1, and 44 (1) of the Road Traffic Act concerning facts constituting a crime;

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

3. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is an element for sentencing unfavorable to the defendant, even though the defendant had been punished as a crime of drinking driving or refusing to measure drinking even in the past, and the crime of this case is committed at the same time, and the drinking driving is likely to cause serious human injury by a large traffic accident, if there is a risk of causing serious injury

On the other hand, it is an element of sentencing favorable to the defendant that the defendant recognizes all the facts charged in the instant case and reflects the fact that the defendant supports the wife and two children while the economic situation is difficult.

Furthermore, the sentencing data, such as the age, character and behavior, and environment of the defendant, were considered equally.