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(영문) 의정부지방법원 2019.01.17 2018고정1579

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 5,000,000.

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

Reasons

Punishment of the crime

On June 1, 2018, at around 23:45, the Defendant driven a DNA car in the state of alcohol with approximately 500 meters alcohol concentration of 0.222% from the front of the restaurant in which it is impossible to know the trade name in the Guri-si, Siri-si, Siri-si, and the front of the road in the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the circumstantial statement of a drinking driver, consent to and confirmation of blood collection, inquiry into the results of the control of drinking driving, report on the situation of drinking driving, and inquiry request for appraisal;

1. Application of Acts and subordinate statutes to criminal records, inquiry reports;

1. Relevant Article of the Act on Criminal Facts, Articles 148-2 (2) 1 and 44 (1) of the Road Traffic Act, the selection of fines for the crime, and the selection of fines;

1. Articles 70 (1) and 69 (2) of the Criminal Act for the detention of a workhouse;

1. The reasoning for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is examined; the defendant recognized the criminal facts of this case and reflects his mistake; and the fact that after around 2002, there was no record of punishment for the same kind of crime except for the punishment once for the crime of this case, there was no record of punishment for the same crime.

However, a drunk driving is a crime that may cause damage not only to a driver's life or property, and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.22%, in balance with the general sentencing in the same or similar cases, and other various circumstances, including the defendant's age, character and behavior, intelligence and environment, motive, circumstance, means and consequence of the instant crime, criminal records, family relationship, economic circumstances, etc., which are the conditions for the sentencing of the instant case, shall be determined as per the disposition.