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(영문) 의정부지방법원 2018.11.22 2018고정1390
도로교통법위반(음주운전)
Text

Defendant shall be punished by a fine of KRW 3,000,000.

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

Reasons

Punishment of the crime

At around 00:20 on September 29, 2018, the Defendant driven a BS-type car under the influence of alcohol content of about 0.120% in a section of approximately 800 meters from the day before the restaurant that does not know the trade name in the Dong-Eup at Yangju-si to the day before the “Samin apartment house” located in the same Dong.

Summary of Evidence

1. Statement by the defendant in court;

1. Report on the circumstances of driving a drinking and inquiry about the results of crackdown on drinking driving;

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

1. Relevant Article 148-2 (2) 2 and Article 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 reasoning for sentencing under Article 334(1) of the Criminal Procedure Act, and the fact that the defendant recognized the criminal facts of this case and reflects his mistake, and the economic situation seems to be a relatively long-term judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a subsequent judicial branch with respect to a criminal case,

However, the driving of drinking is a crime that may cause damage not only to a driver's life or property and needs to be punished strictly. The blood alcohol concentration is relatively high by 0.120%, the records of being punished for the same kind of crime exist. The general amount of punishment in the same and similar cases are balanced, and the defendant's age, sex behavior, intelligence and environment, motive, means and consequence of the crime in this case, circumstances after the crime, criminal records, family relations, economic circumstances, and other various circumstances that are the conditions for the sentencing in this case.

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