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(영문) 청주지방법원 영동지원 2018.12.13 2018고단147

도로교통법위반(음주운전)

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

On September 4, 2018, the Defendant driven CV125B Meba while under the influence of alcohol leveling 0.213% from a section of about 4 km from the front of a mutually influorous restaurant in mountain-dong, MV125B to the front of the Chungcheongnam-gun, Chungcheongnam-gun.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes notifying the result of regulating drinking driving;

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

1. Articles 53 and 55 (1) 6 of the Criminal Act to mitigate small amount;

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

1. The reason for the sentencing of Article 334(1) of the Criminal Procedure Act (amended by Act No. 334(1) of the Criminal Procedure Act) was 0.213% high of alcohol concentration among the blood transfusion of the instant drinking driving.

The crime of this case was committed in traffic accidents and the risk was realized.

Defendant has been punished for the same kind of crime.

[ favorable circumstances] The Defendant was committed by committing the instant crime, and his mistake is divided.

In addition, the third party did not suffer damage due to the instant traffic accident.

The defendant has no record of being punished as a crime of drinking driving until now, in addition to being sentenced to a fine once for the crime of drinking driving, etc. in 200.

The defendant is elderly and is also difficult to be in economic situation.

In addition, comprehensively taking into account all the factors of sentencing as shown in the trial process of this case, such as the defendant's ordinary character and behavior, health status, environment and family relationship, and circumstances after the crime, the punishment shall be determined as ordered.