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(영문) 전주지방법원 정읍지원 2018.10.16 2018고정94

도로교통법위반(음주운전)

Text

Defendant shall be punished by a fine of five million won.

However, the execution of the above fine for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

On May 17, 2018, while under the influence of alcohol 0.216% among blood transfusions, the Defendant driven approximately 3 kilometers from the street in front of an influent restaurant to the front of the same Eup 2-gil 21.21, the Defendant driven a bicycle with a motor device of CEAVVER125 motor, which is owned by the Defendant.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving under the liquor:

1. Statement of the circumstances of the driver involved in driving;

1. Investigation report (report on the situation of the driver in charge); and

1. Whether to output the measurement of drinking alcohol;

1. The application of Acts and subordinate statutes of subparagraph (C) of this Article;

1. Relevant Article 148-2 (2) 1 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 62 (1) of the Criminal Act on the suspended execution;

1. Articles 70 (1) and 69 (2) of the Criminal Act (in cases where a sentence of suspension of execution is invalidated or revoked and the defendant fails to pay a fine, 10,000 won shall be converted into one day) of the Criminal Act;

1. The instant crime on the grounds of sentencing of Article 62-2 of the Criminal Act for protection observation and community service order and community service order and order to attend lectures is deemed to run a bicycle with engine displacement of 124cc in engine displacement under the influence of alcohol to the extent of 0.216% in the blood alcohol level, and it is not good to commit a crime because the Defendant is also driving a bicycle with engine engine displacement of 124cc in the state of under the influence of alcohol to the extent of

The Defendant, without a driver’s license, was subject to criminal punishment of a fine of KRW 1.5 million on October 21, 2010 due to driving of a motor device under the influence of alcohol while blood alcohol level 0.244%, and driving without a driver’s license, and committed the instant crime similar thereto, it is inevitable to punish the Defendant.

However, the defendant reflects the crime of this case in depth and helps the defendant not to drive drinking in the future, and the defendant has no record of criminal punishment or investigation other than the drinking driving force in 2010, and the defendant has been subject to daily labor for a long time after he was crashed at the construction site.