beta
(영문) 의정부지방법원 2020.06.11 2020고정549

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 02:30 on January 1, 2020, the Defendant driven a E Bbluri vehicle with a blood alcohol concentration of 0.122% in the section of approximately 2 km from the roads near the “C” located in the Sin Government-si B to the front roads of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Investigation report (report on the circumstances of an immigration driver);

1. Notification of the results of drinking control;

1. Application of Acts and subordinate statutes to any inquiry about the control of drinking driving;

1. Relevant Article of the Act and Articles 148-2 (3) 2 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 grounds for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing order under Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant acknowledged the facts charged in the instant case and reflects his mistake, and that the defendant is the first offender without any previous

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 strictize considering the social danger and harm, and that blood alcohol concentration at the time of the crime of this case is considerably higher than 0.122%, and that the defendant caused an accident that shocks the vehicles parked at the time of driving of this case, 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.