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(영문) 의정부지방법원 2017.11.30 2017고정1590

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 1,500,000.

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

Reasons

Punishment of the crime

On June 7, 2017, the Defendant driven a B-coon truck with approximately 100m alcohol concentration of around 0.070% in blood, while under the influence of alcohol, from the front of a mutually influent restaurant located in Ho-dong, Namyang-si around 21:06 to the front of 68-ro 68-ro.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking, report on detection, and inquiry about the results of crackdown on drinking driving;

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

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 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 reasoning for sentencing of Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the economic situation seems to be that the judicial branch of this case did not proceed with the judicial branch of this case, is recognized as a normal circumstance favorable to the defendant.

On the other hand, 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 fact that there has been several records of punishment for the crime of this kind, the general amount of punishment in the same and similar cases, the balance of the punishment of the defendant's age, sexual conduct, intelligence and environment, the motive, circumstance, means and consequence of the crime of this case, the circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the sentencing of this case shall be determined as per the disposition.