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(영문) 의정부지방법원 2018.02.22 2018고정58

도로교통법위반(음주운전)등

Text

Defendant shall be punished by a fine of KRW 4,000,000.

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

Reasons

Punishment of the crime

1. On September 10, 2017, the Defendant: (a) driven a Bland knife under the influence of alcohol concentration of about 0.119% from a section of approximately 150 meters from the road in front of the Jung-gu, Seoul, China to the road adjacent to the same Jung-ro 71 side line; (b) around September 10, 2017, the Defendant driven the Bland knife under the influence of alcohol concentration of about 0.119%.

2. No person in violation of the Automobile Management Act shall cover a registration number plate or make it illegible, and even if such a vehicle is not operated, Defendant 1 operated the said vehicle at the same time and place as the above 1, and then placed it on the registration number plate to two heads in water.

Summary of Evidence

1. Statement by the defendant in court;

1. A statement on the circumstances of a driver taking driving, a written report on regulations, an on-site photograph, the results of crackdown on drinking, and a report on the situation of the driver taking driving;

1. Application of Acts and subordinate statutes to inquiries, such as criminal history;

1. Relevant Article 148-2 (2) 2, Article 44 (1) of the Road Traffic Act (the point of drinking alcohol), Article 81-1-2, Article 10 (5) of the Automobile Management Act (the point of making it difficult to identify the registration number plate), and the selection of fines for a crime;

1. The former part of Article 37 of the Criminal Act, and Articles 38 (1) 2 and 50 of the same Act, which aggravated concurrent crimes;

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

1. The grounds for sentencing of Article 334(1) of the Criminal Procedure Act for the order of provisional payment are as follows: (a) the defendant recognizes all the criminal facts of this case and reflects his mistake; (b) the defendant has dependents; and (c) his family members want to leave the Defendant’s wife, etc. are recognized as a favorable condition for the defendant.

However, each of the crimes of this case committed while under the influence of alcohol 0.119% by using a vehicle registration number plate, and driving of a vehicle under the influence of alcohol 0.119% in blood is not less than a crime quality in light of the content and method of the crime, and the driving of alcohol is not only the driver but also the driver's life or property.