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(영문) 의정부지방법원 2017.12.21 2017고정2402

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

around 22:40 on August 2, 2017, the Defendant driven a Bcoon C car in the state of alcohol alcohol leveling 0.172% at a section of approximately 500 meters from the parking lot to the front road of luminous elementary school located in the same Dong from the parking lot.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement report on the circumstances of a driver who is placed in driving, report on the circumstances of a driver who is placed in driving, and inquiry into the results of regulating drinking;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the Defendant recognized the criminal facts of this case and reflects his mistake; and (b) the primary offender who has no record of criminal punishment is recognized as a favorable circumstance for the Defendant.

However, the driving of drinking is a crime that may cause damage not only to the driver's life or property and needs to be punished strictly. The alcohol concentration in the blood is relatively high by 0.172%. The general amount of punishment in the same and similar cases is balanced, and the defendant's age, sex, intelligence and environment, motive, circumstance, means and consequence of the crime in this case, the circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the sentencing in this case shall be determined as per the disposition.