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(영문) 의정부지방법원 2020.08.13 2020고정1017

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of KRW 7,000,000.

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

Reasons

Punishment of the crime

At around 02:07 on May 15, 2020, the Defendant driven a e-motor vehicle while under the influence of alcohol 0.112% in the section of approximately 11km from the front of the C restaurant in the Yangju City to the front of the D-si of the Gu Government.

Summary of Evidence

1. Defendant's legal statement;

1. Report on the situation of running a motor vehicle under the influence of alcohol;

1. The circumstantial statement of the employee;

1. Drinking measuring instruments, site, and vehicle photographs;

1. Making a report on the control of drinking driving;

1. Investigation report (report on the circumstances of an immigration driver);

1. A written confirmation of investigation (verification of actual driving hours);

1. Application of Acts and subordinate statutes governing the confirmation of investigation;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the selection of fines for criminal facts, and the selection of fines;

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

1. The reasons for sentencing under Article 334(1) of the Criminal Procedure Act for sentencing of Article 334(1) are the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in the instant case and against his mistake, and that the defendant’s economic situation seems difficult

However, considering the fact that drinking driving is a crime threatening to the life and body of himself/herself and others, it is necessary to strictize considering the social danger and harm, and that the blood alcohol concentration at the time of the crime of this case is considerably high by 0.112%, and that the defendant has a record of being sentenced to a fine of 1.5 million won due to drinking driving around 2002, it is deemed that the punishment of a summary order against the defendant is not excessive.

In addition, in comprehensive consideration of the defendant's age, occupation, character and conduct, environment, family relationship, circumstances after the crime, etc. and all the sentencing conditions specified in the records and pleadings of this case, the punishment shall be determined as ordered.