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(영문) 의정부지방법원 2020.07.23 2020고정117

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

On September 19, 2019, at around 01:00, the Defendant driven B benz motor vehicles at the section of about 50km from the vicinity of the Seocheon-si to the point of 35.8 km, Namyang-si, Namyang-si, Namyang-si, Seoul, to the point of 0.10 % of blood alcohol level.

Summary of Evidence

1. Defendant's legal statement;

1. The circumstantial statement of the employee;

1. Notification of the control of drinking driving;

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

1. On-site photographs;

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

1. Application of the Act and subordinate statutes to a criminal investigation report (No. 33 pages of evidentiary records);

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) of the provisional payment order are the circumstances favorable to the defendant, such as the fact that the defendant recognized the facts charged in the instant case and reflects his mistake, and that the defendant

However, considering the social danger and harm of a crime threatening to the life and body of himself/herself and others, it is deemed that the punishment of a summary order against the defendant is not excessive, considering the unfavorable circumstances such as the following: (a) the blood alcohol concentration at the time of the crime of this case is considerably higher than 0.102%; (b) the distance of the defendant's driving under the influence of alcohol reaches about 50km; (c) the defendant has caused a traffic accident that shocks road facilities while driving under the influence of alcohol; and (d) the defendant has a history of criminal punishment once the suspension of the execution of imprisonment with prison labor is suspended; and (e) the defendant has a history of serving four times criminal punishment.

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.