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(영문) 의정부지방법원 고양지원 2018.05.30 2018고정401

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 April 4, 2018, the Defendant driven a BS-type car under the influence of alcohol content of approximately 0.262% from a section of approximately 100 meters in blood to the front road of the mountain-ro in the same Dong-gu, U.S.-dong, U.S.-dong (hereinafter referred to as “BS-gu”).

Summary of Evidence

1. Statement by the defendant in court;

1. Inquiries into the results of regulating the driving of drinking alcohol, a statement on the circumstances of the driver of drinking alcohol, an investigation report (report on the circumstances of the driver of drinking alcohol), and a report on the detection of the driver;

1. Application of Acts and subordinate statutes governing alcohol appraisal among the blood;

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

1. The grounds for sentencing under Article 334(1) of the Criminal Procedure Act of the Criminal Procedure Act include: (a) the Defendant’s mistake and reflects the Defendant’s wrong recognition; (b) the alcohol concentration in blood from the first respiratory measurement was 0.152%; (c) the Defendant has no criminal history; and (d) the Defendant’s age, sex, environment, family relationship, family relationship, and the details of the Defendant’s driving of drinking and the distance of drinking driving; and (b) the sentence is determined as ordered by taking into account all the sentencing factors indicated in the instant argument, including the Defendant’s age, sex