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(영문) 의정부지방법원 2020.03.19 2020고정62

도로교통법위반(음주운전)

Text

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

If the defendant does not pay the above fine, KRW 100,000.

Reasons

Punishment of the crime

On October 24, 2019, around 07:30 on October 24, 2019, the Defendant driven Eystex Motor Vehicle with approximately 500 meters alcohol concentration at approximately 0.129% from the front day of the mutual influoral club C located in Dongducheon-si B to the front day of the same city.

Summary of Evidence

1. Defendant's legal statement;

1. Application of Acts and subordinate statutes, such as investigation reports, report on the situation of a drinking driver, notification of the results of the regulation of drinking driving, field photographs;

1. Relevant Article of the Act and Articles 148-2 (3) 2 and 44 (1) of the Road Traffic Act, the choice 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 reason for sentencing under Article 334(1) of the Criminal Procedure Act of the provisional payment order is recognized as favorable circumstances that the defendant recognized the crime of this case and reflects his mistake, and that the defendant who is a foreigner has no criminal power in the Republic of Korea.

However, drinking driving is an offense that may cause damage not only to the driver's life or property, and requires strict punishment, and in light of the defendant's blood alcohol concentration and the distance of the defendant's driving, etc., the nature of the offense is not easy, taking into account all the circumstances revealed in the trial process, such as character, character, environment, motive and background of the offense, means and consequence of the offense, the fine prescribed in the initial summary order shall be increased as it is judged that the amount of the fine is minor.