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(영문) 창원지방법원 거창지원 2018.09.12 2018고단160

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

On May 29, 2018, the Defendant driven B Poter cargo under the influence of alcohol concentration of approximately 0.179% from the section of approximately 21km to the road front of the 21km village restaurant, which is located in 12-lane 12 from the road in front of the Gyeong-gun Eup, Gyeong-gun, Chungcheongnam-gun, Gyeong-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. The application of Acts and subordinate statutes to make a statement on the circumstances of a driver who is placed in driving, an investigation report, a report on the circumstances of the driver who is placed in driving, a report on the results of regulating the driving of drinking alcohol, and a report on internal death (Attachment

1. Article 148-2 (2) 2 and Article 44 (1) of the Road Traffic Act concerning the facts constituting an offense;

1. Selection of a fine (which shall be taken into account, such as the fact that the person was involved in the same criminal history but has been in 201);

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

1. The reason for sentencing under Article 334(1) of the Criminal Procedure Act of the Provisional Payment Order is that the defendant drives a motor vehicle under the influence of alcohol concentration of 0.179% during the period of suspension of execution, and the nature and circumstances of the crime are not good.

Drinking level is also high enough to be 0.2% higher than the revocation standard of driver's license.

Such crimes are highly likely to be socially criticized because of the high risk of undermining road traffic safety and causing traffic accidents.

However, there are some favorable circumstances such as the defendant's recognition of his criminal act, the mistake is divided, and there is no criminal record of drinking except for those committed in 2001, and the situation in which he should support his children.

The above points and other circumstances, such as the defendant's age, sex, occupation, environment, family relationship, motive, method, and result of the crime, and the circumstances after the crime, shall be determined as ordered by taking into account the following circumstances.