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(영문) 의정부지방법원 고양지원 2016.05.20 2016고단848

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On March 20, 2016, the Defendant driven a B rocketing car under the influence of alcohol content of approximately 0.081% in the 2km section from March 20, 201 to the roads of the same Si/ Dong and Dong from the front of the east-dong to the east-dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to inquire about the results of regulating drinking driving;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) (excluding punishment) of the Road Traffic Act concerning the facts constituting an offense;

1. Article 70(1) and Article 69(2) of the Criminal Act to attract a workhouse;

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act on the Aggravated Punishment of the Provisional Payment Order is that the defendant, while being under the same suspended sentence, driving again under the influence of alcohol is disadvantageous.

However, considering favorable circumstances such as the fact that the defendant had no record of driving under the influence of alcohol other than the above probation, there are reasons to consider the circumstances leading to driving under the influence of alcohol in this case, and the fact that the drinking value is relatively low, the sentencing of the defendant is harsh. Thus, the defendant is subject to a fine only once. In addition, the sentencing conditions of the defendant, such as the defendant's age, sexual behavior, environment, and circumstances after the crime, shall be determined by the same sentence as the disposition.