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(영문) 의정부지방법원 2021.02.04 2020고정1609
도로교통법위반(음주운전)
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Defendant shall be punished by a fine of KRW 9,000,000.

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

Reasons

Punishment of the crime

around 00:00 on September 9, 2020, the Defendant driven DK7 car under the influence of alcohol leveling 0.177% from around 90km-gu, Yeongdeungpo-gu, Seoul Metropolitan Government to the front road located in Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu, Chungcheongnam-gu., Chungcheongnam-gu.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement of the circumstances of the driver involved in driving;

1. Notification of the results of regulating drinking driving;

1. On-site photographs;

1. Application of Acts and subordinate statutes to report on investigation (report on the situation of the driver in charge);

1. Relevant Article of the Act and Articles 148-2 (3) 2 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 on the Aggravated Punishment of Provisional Payment Order is that the defendant recognized the facts charged in the instant case and reflects his mistake, which is favorable to the defendant.

However, in consideration of the social risk and harm of the crime that threatens the life and body of the person in question, the driving of drinking is very high by 0.177% at the time of the crime in this case, and the distance of the driving of drinking also reaches about 90 km, and the balance of the general punishment in the same and similar cases, it is judged that the punishment of the defendant in a summary order is not excessive.

In addition, the punishment as ordered shall be determined by comprehensively taking into account the defendant's age, occupation, sex, environment, family relationship, circumstances after the crime, etc., and all the sentencing conditions specified in the records and arguments of this case, such as the circumstances after the crime.

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