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(영문) 전주지방법원 정읍지원 2018.11.27 2018고정93

도로교통법위반(음주운전)

Text

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

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

Reasons

Punishment of the crime

Defendant

A is a foreigner of the nationality of the People's Republic of China who is a national of the People's Republic of China, and has driven his B rocketing car.

On October 2018, the Defendant driven around 20:52 and around 0.082% of alcohol content in blood, and driven approximately 2 km alcohol at the entrance of the same Eup/Myeon from the roads to the roads at the entrance of the same Eup/Myeon while under the influence of alcohol.

Summary of Evidence

1. Statement by the defendant in court;

1. Application of Acts and subordinate statutes to a report on the circumstances of drivers at home;

1. Relevant Article of the Act and Articles 148-2 (2) 3 and 44 (1) of the Road Traffic Act, the selection of fines concerning facts constituting an offense, and the selection of fines;

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

1. The reason for sentencing of Article 334(1) of the Criminal Procedure Act for the instant crime is that the Defendant driven a short distance while drunkly under the influence of alcohol until 0.082% in blood, and that the Defendant driven a short distance of time and that is not good to commit a crime.

In 2014, the Defendant had been punished for a fine of KRW 3 million due to a drinking driving, but also committed the instant crime, and it is necessary to prevent recidivism through a strict punishment consistent with the criminal liability.

However, the crime of this case is a simple drinking driver who is not a traffic accident or a driver without a license, the degree of alcohol is not very serious, the defendant's reflectiveness, the defendant's economic situation is not good, and other various circumstances concerning sentencing, such as the defendant's age, sex, environment, and conditions before and after the crime, etc., shall be determined as per the order.