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(영문) 의정부지방법원 2017.09.14 2017고정1487

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 4,000,000 (private million).

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

Reasons

Punishment of the crime

On April 16, 2017, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 0.206% from the 28 association located in the Dongbcheon-si Do, Yangju-si, to the road in front of the Yangju Police Station located in approximately 1699 in Yangju-si, Yangju-si, the Defendant driven BM3 motor vehicles under the influence of alcohol content of about 0.206%.

Summary of Evidence

1. Statement by the defendant in court;

1. A report on the circumstances of driving at home and a report on the circumstances of the driver at home;

1. Consent to and confirmation of blood collection, request for appraisal, and written appraisal of alcohol in blood;

1. Application of Acts and subordinate statutes to a report on detection of drivers;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act that the defendant would not drive drinking again, against his mistake.

There are many things.

There is no record of criminal punishment for the defendant within the past 30 years.

As a result of the pulmonary survey at the time of the instant crime, the Defendant’s blood alcohol content was measured at 0.146%, and thereafter, the Defendant’s blood content was measured at 0.206% as a result of the blood collection measurement at the Defendant’s request.

Other punishment shall be determined by comprehensively taking into account the various circumstances shown in the pleadings of this case, such as the defendant's age, sex, environment, method and attitude of the crime, and circumstances before and after the crime.